



Class T \A to 3 
Book ilL3JL3_ 


* 
































/ 


MANUAL 4,^ 

(?oq 

or THE 

REGISTRATION 

AND 

ELECTION LAWS 


OF THE 

STATE OF DELAWARE 


FOR THE CITY OF WILMINGTON. 


PUBLISHED BY AUTHORITY OF CHAPTER 370, VOLUME 19, LAWS OF DELAWARE. 


^ j » 

. . •' >* 

1892: 

JAMES KIRK & SON, PRINTERS, 

DOVER, DELAWARE. 











> 


















JOINT RESOLUTION IN RELATION TO PRINTING AND DISTRIBUTING OF THE REGIS¬ 
TRATION AND BALLOT LAWS OF THE STATE OF DELAWARE. 


Whereas radical changes have been made at our present session in the 
laws relating to general and special elections in this State, which changes it 
is of the highest importance that our people should fully understand at an 
early date; therefore 

Be it resolved by the Senate and House of Representatives of the State of 
Delaivare in General Assembly met: 

That for the purpose of affording to our voters the means of fully acquir¬ 
ing the information upon the subject which it is essential for them to obtain, 
the Secretary of State be and he is hereby directed to collate and have 
published in pamphlet form, at as early date as possible, an act entitled “An 
act to provide for the secresy and purity of the ballot,” and an act entitled 
“An act to provide for the registration of voters,” and such other laws as 
relate to the general and special elections of the State. He shall have pub¬ 
lished of said pamphlets five hundred copies for Sussex, Kent and the 
County of New Castle outside of the city of Wilmington. 

He shall also have published, for distribution among the voters of the city 
ot Wilmington, five hundred copies of a pamphlet containing all the laws in 
the other pamphlet and together with them an act entitled “An act to pro¬ 
vide for the registration of voters in the city of Wilmington,” and all other 
laws relating to the subject of general, special and municipal elections in the 
city of Wilmington. 

He shall publish in said pamphlet a preface containing full instructions 
as to the operation and requirements of said laws, and he shall also publish 
therein a full and complete index to the contents of each. 

He shall also have published an equal number of said [pamphlets] which 
he shall retain in his possession and at the proper time distribute among 
the election officers and the voters in the counties of Sussex, Kent, the 
county of New Castle outside of the city of Wilmington, and in the city of 
Wilmington, for use by them on election day. 


Adopted at Dover , May 15 i8gi. 











PREFACE. 


* 


This pamphlet, prepared in accordance with the preceding joint 
resolution, contains, besides the new State Registration and Ballot 
Laws, all the provisions of the antecedent statute law in relation 
to general and special elections of the State, and municipal elec¬ 
tions in the city of Wilmington. 

Onr new Registration and Ballot laws are based upon systems 
already in operation in other States of the Union, and found, 
wherever tried, to promote the purity of elections, and to tend to 
secure an honest expression of the popular will. 

The registration of voters, now practiced in the greater part of the 
Union, has, for more than fifty years, been required in some of our 
sister States as a check upon fraudulent voting and a means of 
furnishing the honest voter with ample facilities for proving that he 
possesses the right to vote, whilst the essential features of the new 
ballot law, although of more recent origin, have been adopted in all 
but fourteen States of the Union as the best election machinery so 
far invented for the purpose of carrying out the original American 
idea of a secret vote—the best protection to the needy and dependent 
in the free exercise of their suffrage. 

These laws describe in minute detail everything to be done under 
them by the officers charged with the duty of executing them, and 
everything to be done by the voter; but although these things are 
simple and easily understood, when in operation, yet their descrip¬ 
tion must of necessity be long and tedious.# 



VI 


Preface. 


The objedt of this preface is merely to give briefly the main out¬ 
lines of the system provided for by these adls, and condensed 
instructions as to their operation and requirements. 

STATE REGISTRATION LAW. 

The State Registration Law applies to every eledlion distridt in 
the State, outside the City of Wilmington. 

In each eledlion distridl, an officer of registration, called a Reg¬ 
istrar—to be* appointed by the Governor, at least six months before 
every general eledlion, for the term of two years—sits on the first 
four Saturdays of the September next preceding every general 
election for the purpose of registering all the voters of his election 
district who PERSONALLY apply to be registered. His hours of sit- 
• ting are from 8 a. m. until 6 p. m., with an intermission from 12 to i, 
and he sits at such places in the district as may be most convenient 
to the voters, ample notice being given of times and places. After 
the last of these sittings the Registrar publishes, by posting in at 
least ten of the most public places in his election district, alphabeti¬ 
cal lists of the persons whose names he has entered in the Voting 
Books, either as fully qualified to vote at the next general eledlion, 
or entitled to become fully qualified on or before the day of such 
eledlion by paying a tax, becoming naturalized, etc. A Board of 
Registration then sits in each election district, at the voting place 
of the district, on the three Saturdays immediately preceding the 
Saturday next before the eledlion (during the same hours) for the 
purpose of registering applicants in the same manner as the Regis¬ 
trar and also to entertain appeals from his decisions and corredl any 
errors he may have made. 

The Board of Registration is composed of the Registrar above 
mentioned, the Inspedlor of Elections for the District, and that one 
of the Judges of Election who shall not belong to-the same political 
party as the Registrar. 

The alphabetical lists, or Voting Books, completed and corredled 
by the Board, of the persons registered as fully qualified to vote, or 
entitled to become fully qualified by payment of tax or otherwise on 
or before the next general election, are, together with the registers, 
delivered to the Sheriff oj each county by the several Registrars in 


Preface. 


Vll 


his county, and by the Sheriff delivered to the several Inspectors of 
Eledtion by the Saturday immediately preceding the eledtion. 
These lists will be used at the polls by the judges of each eledtion 
distridt as the indispensable evidence of the right to vote, and no 
person will be entitled to vote, or to offer any evidence to show that 
he possesses the right to vote, whose name does not appear on one 
or other of these lists. 

Any one registered, either as a qualified or partially qualified voter, 
may, at the time of registering, demand a certificate to that effedt 
from the Registrar, and any one who removes into another county 
after registration may have his name stricken from the list where 
he has registered and obtain a certified transcript of the entries 
opposite his name on the register. Upon this transcript he may be 
registered in the eledtion distridt of the county to which he may 
have removed, provided that by the next following eledtion he will 
have acquired in the county to which he has removed the one 
month’s residence required by the Constitution. 

If any person removes, after being registered, to another eledtion 
distridf within the same county, he must vote in the eledtion distridt 
in which he was registered and not in the distridt to which he has 
removed—removal from one distridt to another distridf in the county 
not being a disqualification to vote where registered. 

Any person whose name appears on either of the lists of voters 
(unless it appears that he was registered at the last sitting of the 
board) can only be challenged on the ground of not being the per¬ 
son whose name so appears, or as having become disqualified to 
vote since he was registered, or, if registered as a partially qualified 
voter, on the ground that he has not completed his qualification by 
payment of tax or otherwise. There being no opportunity for the 
scrutiny and review of the entries made on the last day of registra¬ 
tion, any person registered on that day may have his right to vote 
challenged on the ground of being improperly registered. 

Before any special eledtion, the board sits on the two Saturdays 
immediately preceding the Saturday next before the elecfion, to 
register those who may have become qualified to register since the 
last registration. 


Ylll 


Preface. 


The Registrars and Boards of Registration will be furnished with 
books, which the Governor will cause to be prepared at the expense 
of the State, so ruled and headed as to leave no room for doubt or 
mistake as to the questions to be asked, the entries to be made, or 
the mode of making them. And all such details are so plainly set 
forth in the law itself, which is a part of this pamphlet, that a des¬ 
cription here would only be repetition. 

In like manner, the provision made for vacancies in the office* of 
Registrar, for the appointment of Alternate Registrars, and for in¬ 
suring the existence of a Board of Registration, together with the 
notices required to be given by the Registrar, and the guards and 
checks and penalties provided to prevent fraud or unfairness, may be 
best learned from an examination of the adt itself, with the aid of 
the full index made to facilitate such examination. 

‘The qualifications of an elector, prescribed by the Constitution, are 
set forth in the Registration Law as the sole qualifications of an 
eledlor, and any one who possesses these qualifications at the time of 
registration, or who shows that he may possess them on or before 
the next general eledtion, may have his name entered in the Voting 
Books upon personal application, either to the Registrar when sitting 
alone, or to the Board of Registration, that is: the applicant for reg¬ 
istration must possess all the qualifications following, to wit: 

1. Citizenship. He must be a citizen of the United States, or, 
if not native born, and not naturalized at the time of applying to be 
registered, he may still be registered in the Voting Book of partially 
qualified voters if he shows that he will have the right to take out 
naturalization papers before the next general election and so fulfill 
the requirement of citizenship. 

2. Residence. He must be a resident of the eledtion distridl at 
the time of his application, and must have resided in the State one 
year next before the date of his application less the time to elapse 
from the date of his application to the following general election, 
and in the county one month less the time to elapse from the date 
of application to such election. 

3. Tax. If of the age of twenty-two years and upwards, he 
must, within two years next before the following general election, 


Preface. 


ix 


have paid a county tax which shall have been assessed at least six 
months before such election; or, if he shall not have paid such a tax, 
he may still be registered in the list of partially qualified voters if 
he shows that he has been dulv assessed and will have the right to 
fulfill the requirenient of tax payment by paying it on or before the 
dav of the next general election. 

If any applicant for registration shows that on the day of the next 
general election he will be of the age of twenty-one years, and under 
the age of twenty-two years, he will be registered, although not 
assessed. 

t 

No person disqualified from voting by reason of being an idiot, or 
insane person, pauper, or person convicted of a crime deemed by law 
felony, will be registered. 

The name of every applicant for registration will be entered on 
the Registers, but only those possessing the above qualifications will 
have their names entered on the Voting Books, either as qualified or 
partially qualified voters, and only the names of those who appear 
in person before the Registrar or Board of Registration will be en¬ 
tered in the Registers or Voting Books. 

BALLOT LAW. 

The Ballot Law provides for the appointment by the Governor of 
three Commissioners for each of the counties in the State, one of 
whom in each county shall be a member of a political party opposite 
to the one of which the other two are members, who shall divide 
such election distridts in their respective counties (outside the city 
of Wilmington) as contain in their judgment a greater number of 
voters than can conveniently vote at the next general eledtion into 
two or more eledtion distridts, delimiting and naming the new dis- 
tridts, designating the place of holding the eledtion in them, and 
securing a room for holding the same. 

The Inspector of each hundred or eledtion distridt so divided shall 
be the inspedtor of the new distridt in which he resides at the time 
of the division, and the Commissioners shall appoint for the other 
newly established distridt or distridts an inspedtor, or inspedtors, from 
the party to which the other inspedtor belongs. 


X 


Preface. 


These duties shall be performed and certified to by the first day of 
March, 1892. 

The only ballots received at the polls and counted will be the 
official ballots, which the Clerks of the Peace for the several counties 
will cause to be printed of uniform size and of the same quality and 
color of paper—each ballot to contain the names of the candidates 
nominated by all the political parties, arranged side by side in par¬ 
allel vertical columns, each column of candidates being headed by 
the title of the party nominating them and some device to be selected 
by such party—the candidates of the Democratic party to be in the 
first column to the left, those of the Republican party in the next 
column, and of any other parties in such order as the Clerk of the 
Peace shall decide. 

The lists of candidates are to be certified to the several Clerks of 
the Peace by the presiding officers and secretaries of the State or 
county conventions, as the case may be, of the several parties, 
together with the device selected by the party. 

These certificates of nomination are to be filed with the Clerks of 
the Peace at least twenty days before the election at which they are 
to be voted for, and at least ten days before such election the Clerks 
of the Peace shall cause such nominations to be published in the 
form they will appear on the ballot in at least two county news¬ 
papers. 

A political party is defined for the purposes of the aCt, and minute 
provisions made in relation to the device, to the publication of the 
lists of nominees, and for such contingencies as the death, removal 
or resignation of-any or all of the candidates either before or after 
the printing of the ballots, and for the existence of contending 
factions in a party—each contending for the same party name or 
device, all of which may be best examined in the aCt itself, which 
is contained in this pamphlet and fully indexed. 

Each Inspector, outside the city of Wilmington, is required to 
appear at the office of the Clerk of the Peace of his county on the 
day preceding the election, before 3 o’clock, and the ballots for the 
several election districts are then delivered to the Inspectors by the 
Clerks of the Peace in sealed packages, together with the voting 


Preface. 


xi 


stamps—the sealed packages to be opened by the Inspectors at the 
opening of the election, after the qualification of the other election 
officers—the printing, custody and distribution of the ballots being so 
regulated as to insure that each election district shall have a suffi¬ 
cient number of ballots, and that no ballots shall be in existence 
except those in the hands of the election officers; provision being 
also made for the delivery of the ballots in the event of an Inspector 
failing to appear before the Clerk of the Peace, and for the holding 
of the election in case of loss or destruction of the ballots. 

The arrangement of the polling places under the new system is 
shown in the diagram following this preface, which shows the most 
convenient method for an ordinary country schoolhouse, or other 
small building. 

The passage way, with a “railing, rope, or wire” on either side, 
extends 30 feet away from the challenge window. The direction is 
not material, but as all persons except election officers and chal¬ 
lengers are required to keep 30 feet away from the polls, when not 
voting, it will be best to have it run direCtly out from the building 
when this can be done conveniently. The place occupied by the 
KleCtion Board must be separated from the remainder of the room 
by a railing, which must include the entrance. The booths 
in which ballots are marked shall not be less than three in 
number, and at least one for every 150 voters or fractional part 
thereof in the hundred or election district. The booths shall be at 
least three feet square and six feet high, if the ceiling will admit it. 
They shall each contain a shelf properly constructed, and provided 
with pen and ink. The booths may be placed in a row or separated. 
Their location in the room is immaterial, but they must be so placed 
that “all the members of the Election Board can see whether more 
than one voter enters, z. e., the entrances of the booths must be 
placed towards the EleCtion Board. With the exception of the 
usual table and chairs for the board, no other furniture is needed. 

The Inspectors, outside the city of Wilmington, will procure the 
room in all districts except those established by the Commissioners to 
be appointed for that purpose. In the new districts the said Com¬ 
missioners designate the place of holding the election and secure 
the room. There should be an exit other than the door of entrance 
when possible. 


Xll 


Preface. 


One Challenger, appointed and designated by each political party, 
shall be entitled to stand at the side of the passage and near the 
entrance to the room. No other person shall remain within thirty 

feet of the entrance, except for the purpose of voting. 

% 

Two Voters’ Assistants, to be seledled by the Inspector and Judges 
before opening the eledfion, one from each of the two principal 
parties, who shall be duly sworn not to divulge how any voter 
marked his ballot, and not to coerce or in any way influence any 
voter, remain in the room to assist in marking the ballots of those 
voters requiring assistance by reason of blindness, illiteracy, or 
incapacity, who request their assistance. 

The method of marking the ballots, as well as certain details of 
procedure, are minutely described in the following sedlions of the 
adl: 

Section 19. When a voter shall have been passed by the chal¬ 
lengers he shall be admitted to the eledlion room. Provided , hoiv- 
ever , that there shall not be in the room at any one time more than 
one voter for each booth therein. On entering the room the voter 
shall announce his name to the clerks of the eledfion, who shall regis¬ 
ter it. The clerk holding the ballots shall deliver to him one ballot 
and the other clerk shall deliver to him a stamp, and both the voters’ 
assistants, on request, shall give explanation of the manner of vot- 
ing ; if deemed necessary, by unanimous consent of the election 
officers, an interpreter may be called. The voter shall then, and 
without leaving the room, go alone into any of the booths which 
may be unoccupied and indicate the candidates for whom* he desires 
to vote by stamping the square immediately preceding their names: 
Provided , however , that if he shall desire to vote for all candidates 
of one party and none other, he may place the stamp on the square 
preceding the title under which the candidates of such party are 
printed, and the vote shall then be counted for all the candidates 
under that title, unless the names of one or more candidates under 
another title shall also be stamped, in which case the names of the 
candidates so stamped shall be counted. Any voter, while in the 
booth, may erase the name of any candidate and substitute the name 
of any person in any column of the ballot which shall stand in lieu 
of the original name. Such alterations and changes in the printed 


* 


Preface. xiii 

ballot shall be made by pen and ink only. Before leaving the booth, 
or compartment, the voter shall fold his ballot so that no part of the 
face thereof shall be exposed and so that the initials of the clerks of 
the election shall be exposed, and on leaving the booth or compart¬ 
ment shall return the stamp to the clerk of the election and deliver 
the ballot to the inspector, or to the judge who may temporarily be 
authorized to ad for the inspector, who shall forthwith, in the pres¬ 
ence of the voter and of the other election officers, deposit the same 
in the ballot box; and the clerks of the election shall write the word 
“voted” after the name of the voter on the poll list: Provided\ how¬ 
ever, that if any debtor shall show his ballot, or any part thereof, to 
any other person after the same shall have been marked, so as to 
disclose any of the candidates voted for, such ballot shall not be 
deposited in the ballot box. A minute of such occurrence shall be 
made on the poll list and such person shall not be allowed to vote 
thereafter. The voter shall immediately after voting leave the room, 
and upon his refusal to do so may be ejeded therefrom, but no voter 
to whom a ballot and stamp, or either, have been delivered shall be 
permitted to leave the room without voting the ballot or returning 
it to the clerk of the election, or without returning the stamp to the 
clerk of the election from whom he received it. Any voter who 
shall attempt to leave the room with the ballot or stamp in his pos¬ 
session shall be at once arrested on demand of an election officer. 

Section 20. Not more than one person shall be permitted to 
occupy any booth at one time; and no person shall, remain in or 
occupy a booth longer than may be necessary to prepare his ballot, 
and in 110-event longer than three minutes. No more than one 
person for each booth in the room other than the election officers 
shall be permitted to enter or be in the election room at any one 
time, and no voter or person offering to vote shall hold any conver¬ 
sation or communicate with any other person than an election officer 
while in the election room. 

Section 21. Any person who shall, by accident or mistake, 
spoil, deface, or mutilate his ballot may, on returning the same to 
the clerks of the eledion and satisfying them that such spoiling, 
defacing or mutilation was not intentional, receive another in place 
thereof, and such clerk shall make a minute of the fads on the poll 


XIV 


Preface. 


lists at the time, and the mutilated ballot shall then be destroyed by 
the ele&or in the presence of the election officers. 

The penal sections of the a6t are ten in number. They impose 
appropriate penalties for violation of its provisions and for the com¬ 
mission of aCts described in them, which tend to defeat the purposes 
for which it was enaCted. 

The Clerks of the Peace are required to prepare cards containing 
full instructions to the voters, and the inspectors to put the same in 
the booths and outside the polling places. 


) 






WILMINGTON REGISTRATION LAW. 


The Wilmington Registration Law provides for the appointment 
by the Governor, on or before the ioth day of August, 1891, ot 
“three persons of the city of Wilmington” to constitute a Depart¬ 
ment of Elections, all of whom must be citizens of the L T nited States 
and of the State of Delaware, qualified voters of and resident in the 
city of Wilmington, for the term of five years next preceding their 
appointment. 

The persons so appointed are to serve for the terms of two, four 
and six years respedtively, and to determine their terms by lot at the 
first meeting of the board, and certify the result to the Clerk of the 
Peace of New Castle county. Subsequent appointments, except for 
an unexpired term, to be made by the Governor for the term of six 
years, the same qualifications being always requisite, and the mem¬ 
bers of the board at 110 time to be all of the same political faith and 
opinion. Within one month after their appointment, every member 

of the board must take and file with the Clerk of the Peace an oath 

# 

of office, and then meet and organize said Department of Elections 
by selecting one of their number to be president for the term of two 
years. 

On or before the first day of September next preceding the time 
of the first registration under the act, and in every sixth year there¬ 
after, on or before the first day of September, it is made the duty of 
the Department of Elections to divide the city into as many eledtion 
districts as they shall deem necessary, provided that each distridt 
shall contain, as near as may be, no more than three hundred nor 
less than one hundred qualified voters, and shall be entirely within 
the boundaries of one ward. Thereafter the Department of Elec¬ 
tions may biennially divide such distridts as by the preceding regis¬ 
tration shall be found to contain more than three hundred voters. 



XVI 


Preface. 


In the month of August, in each general eleClion year, it is made 
their duty to appoint three inspectors of election for each election 
district, for the term of two years, who are also the officers of regis¬ 
tration. These inspectors must be citizens of the United States and 
of the State of Delaware, of good character, able to read, write and 
speak the English language understanding^, qualified voters in the 
city, and not candidates for any office to be voted for by the electors 
of the district, and two of them shall be of different political faith and 
opinion from their associate. They are required, under a penalty 
of two hundred dollars, to qualify and serve, and, upon notice, may 
be dismissed, for cause, and the vacancies filled. On election day 
any inspector may be summarily displaced for misconduCt and his 
place filled by the Department of Elections, who appoint and control 
the clerks of election in like manner. The clerks must be of dif¬ 
ferent political opinion, and the inspectors in each ward divided, as 
nearly as may be, equally between the different political parties. 

In each election district in the city of Wilmington the three in¬ 
spectors of election for the district sit on Saturday of the fourth 
week, on Saturday of the third week, and on Friday and Saturday 
of the second week next preceding the day of each general election, 
for the purpose of registering all the voters of the district who per¬ 
sonally apply to be registered. They remain in session on each of 
said days “from between the hours of eleven and twelve o’clock in 
the forenoon and seven o’clock in the afternoon,’’ and they sit at 
the place prepared for them by the Department of Elections, which 
place shall be designated and appointed by the Department not less 
than two weeks previous to the first day of registration, and adver¬ 
tised by posters or handbills containing particulars concerning the 
ensuing election, fully set forth in the aCt forming a part of this 
pamphlet. 

The inspectors of election will be furnished with books, to be 
known as registers, which the Department of Elections will cause 
to be prepared, so ruled and headed as to leave no room for doubt or 
mistake in regard to the questions to be asked of applicants for reg¬ 
istration, the entries to be made, and the mode of making them ; 
and all such details are so plainly and fully set forth in the law 
itself, which is a part of this pamphlet, that a description here would 
be only a repetition. 


Preface. 


xvi i 


It is also made the duty of the Department of Elections to prepare 
and furnish to the inspectors all the books, maps, forms, oaths, cer¬ 
tificates, blanks and instructions necessary to enable them to fulfill 
their duties in accordance with the provisions of the aCt, which are 
minute and full in every particular, and may be best learned by an 
examination of the aCt itself, with the aid of the full index annexed 
to this pamphlet to facilitate such examination. The inspectors 
shall, immediately upon entering the name of an applicant upon the 
registers, require him to present his proper tax receipt, and shall 
stamp the same with the word “registered,” the number of the dis¬ 
trict, and also the day and year of registration, in letters and figures. 

It shall also be their duty, at the close of each day of registration, 
to compare their several registers and append to each a certificate to 
the entries of the dav; which certificates shall also state the number 
of names entered that day as qualified voters, and also the number 
of names entered as those who might become qualified to vote before 
the close of the polls at the next election. 

As an additional safeguard, a copy of the entries is required to be 
made, at the end of each day of registration, in a fourth book, and 
hung up for public inspection at the place of registration. A com¬ 
parison, review and correction of the registers by the Department of 
Elections, after the last day of registration, is provided for, and 
ample opportunity given for challenge and rehearing on any day of 
registration, and even on the day of election. 

The inspectors of election will have the registers with them at the 
polling places on the day of election, and there use them as the in- 
dispensible evidence of the right to vote, no person being entitled to 
vote, or to offer any evidence to show that he possesses the right to 
vote, whose name is not found upon at least two of such registers as 
a qualified voter, or as one who may become qualified, and who, at 
the time of offering to vote, has perfected his qualifications as an 
eleCtor under the constitution and laws of this State. Provided, 
hozvever , that any person marked disqualified can have an oppor¬ 
tunity for a rehearing of his case. Any one registered may be chal¬ 
lenged and his right to vote questioned, and any name appearing on 
the registers may be marked for challenge, upon the demand of any 
qualified voter in the city, made on any day of registration or elec¬ 
tion. 


2 W 


xviii Preface. 

If any one removes, after being registered, to another residence 
within the same election district, he must take and subscribe an 
oath of removal before one of the inspectors of the district in which 
he was registered, who will thereupon make a note of his change of 
residence upon the registers, and, if deemed necessary, cause the 
fact to be investigated. If any one removes after registration into 
another election district within the city, he must obtain a certificate 
of removal, with a transcript of the entries made concerning him 
upon the registers. The qualifications for registration under the 
Wilmington Registration Law are the same as already set forth in 
this pamphlet as the qualifications for registration under the State 
Registration Law (see page 8 of pamphlet), and the penalties pre¬ 
scribed for infractions of the law are simple and plain, and may be 
best learned by an examination of the act itself. 

For each and every election other than the general election, ex¬ 
cept municipal elections and elections for members of the Board of 
Education, a revision of the general registration is provided for on 
the second Saturday next preceding the day of each and every such 
election. 

BALLOT LAW IN THE CITY OF WILMINGTON. 

The provisions of the Ballot Law are the same in the city of Wil¬ 
mington as in election districts outside the city of Wilmington, 
except that the Department of Elections directly, or through its 
appointees, performs the duties and exercises the powers performed 
and exercised by other officers in the election districts outside the 
city of Wilmington. 


THE POLLING PLACE. 


The arrangement of the the polling place, under the new system 
of voting, is seen in the following diagram, which shows the most 
convenient method of arrangement for an ordinary polling place : 



A—Table for election officers. 

B B B B—Booths where ballots are prepared by voters. 
C C—Position of challengers. 

D—Door of entrance. 

E E—Railing separating the election board from voters. 
F—Position assigned to voters’ assistants. 

G—Passage-way to entrance. 






























XX 


Polling Place. 


The passage-way is a space “at least four feet wide,” “with a 
railing, rope, or wire, on each side, commencing at least thirty feet 
away from and leading to the entrance to such place of election, and 
passing the place assigned for the challengers,” marked in foregoing 
diagram as “C C,” and thence to the entrance to the room. The 
direction is not material, but as all persons, except election officers 
and challengers, are required to keep thirty feet away from the polls 
when not voting, it will be best to have it extend diredlly out from 
the building. 

The door, or entrance, must be “of easy or convenient access,” 
and at the end of the “passage-way,” as designated “D” in the 
diagram. 

“ The Inspector shall provide for the room a railing therein, sepa¬ 
rating the part of the room to be occupied by the election officers 
from the remainder of the room,” as designated by “H H” in the 
diagram. 

I v? ] 

“The table shall occupy such a position in said room as to enable 
the election officers and challengers to easily communicate with each 
other,” and the most convenient way to attain this will be to have 
the table for the election officers diredtly in front of the door of 
entrance, as designated by “A” in the diagram, and the challengers 
on either side of the “passage-way” outside, as designated by “C 
C” in the diagram, where they can see and communicate with the 
election officers, and have the voter pass between them. , 

The booths in which the voter prepares his ballot shall not be less 
than three in number, and shall be “one booth for every one hun¬ 
dred and fifty voters, or fractional part thereof, in each hundred or 
eledlion district.” “They shall be at least three feet square and six 
feet high, if the ceiling will admit it.” They may be with or with¬ 
out doors, all that is necessary being that the voter may mark or 
prepare his ballot screened from observation. The sides and back 
of the booths should be made solid and without cracks or openings. 

A shelf should be construdled across the back of the booth, about 
three and a-half feet from the floor, and should be about one and 
one-half feet wide, and the booth must be provided with pen and 
ink. The booths may be placed in a row or separated, but must be 


The Polling Place. 


xxi 


“so arranged that all the election officers in the room can see whether 
more than one voter enters any one of them at any one time,” i. e ., 
the entrance of the booths must be placed towards the election 
officers. 

There may be, “if practicable, a separate means of exit.” 

With the exception of the usual table and chairs for the election 
officers, no other furniture is needed. 


/ 






HOW TO VOTE. 


When an eledlor is ready to vote, he should enter the passage¬ 
way, announce his name to the eledlion board, if challenged estab¬ 
lish his right to vote, and enter the door of the eledfion room; when 
admitted, procure from one of the clerks a ticket that has the 
initials of the clerks written on the left-hand corner of the back, and 
a stamp from the other clerk. He should then go alone into a booth 
and mark his ballot with the stamp. If he wishes to vote a straight 
ticket he marks with the stamp in the square opposite the title of 
the party with which he votes. If he desires to vote a mixed ticket, 
or to omit entirely one or more offices, he should stamp the square 
in front of the name of each* candidate for whom he desires to vote, 
and should stamp but once on any square. If he desires to vote for 
any person whose name does not appear on the ticket, he can sub¬ 
stitute the name by writing it in ink in the proper place on the 
ticket. If he does not understand how to mark his ballot, he should 
ask the voters’ assistants to instrudl him. 

If any elector declares that by reason of physical disability or in¬ 
ability either to read or write, or both, he is unable to mark or alter 
his ballot, he may call to his assistance the voters’ assistants, who, in 
the presence of the elector, and in the presence of each other, shall 
prepare the ballot for voting, and, on request, shall read over to such 
elector the names of the candidates as marked or written. 

* Where there are two or more candidates for the same office on the same ticket, as in case of candidates for 
State Senators, or members of the House of Representatives, and the title of one ticket, and the names of one 
or more, but less than all, of such candidates on another ticket are stamped, the intention of the voter can not 
be determined, and the part of the ballot affected thereby will not be counted. To avoid mistakes, the voter, if 
he desires to vote a mixed ticket, should stamp the square in front of the name of each candidate for whom he 
desires to vote. 



XXIV 


How TO Yotf. 


If, by accident, an elector tears, mutilates, defaces or spoils a bal¬ 
lot, he should go at once to the clerk, return the same, explain how 
the accident occurred, and ask for another ballot. 

Before leaving the booth he should fold his ballot so that the 
initials of the clerks, on the back, will show, but so that no part of 
the face of the ballot can be seen. When he has marked and folded 
his ballot, he should leave the booth, deliver the stamp to the clerk 
from whom he received it, and hand the folded ballot to the Inspec¬ 
tor, who will put it in the ballot box in his presence. 

He should then leave the room and remain thirty feet away from 
the polls. 




DUTIES OF OFFICERS. 


Commissioners. 


Appointment of 
Registrars and 
Alternate Reg¬ 
istrars, etc. 


Registration 

books. 


Proclamation. 


Certificates of 
election. 


Convening Gen¬ 
eral Assembly. 


Note. —The paragraphs marked (5) appertain to elections in the State, out¬ 
side the city of Wilmington. Those marked ( W. hd.) to elections in Wil¬ 
mington Hundred only. Those marked (U) to elections throughout the State, 
Wilmington included. 


GOVERNOR. 

To appoint three commissioners for each of the counties of the 
State to divide election districts (outside the city of Wilming¬ 
ton), where they may deem necessary, and establish the 
boundaries thereof, (p. 13— S.) 

To appoint a registrar and alternate registrar for each hundred 
or election district (outside the city of Wilmington), at least 
six months before each general election, and to fill all vacan¬ 
cies occurring in said offices, (pp. 18-19.— S.) 

To cause books to be prepared for the use of the registrars, and 
to cause the same to be delivered to the Sheriffs in each of 
the counties on or before the first Tuesday in August in the 
year of holding the general election, (pp. 21-23.— 

To make known, by proclamation, in October next preceding 
every election of President and Vice President, the number of 
electors to be chosen and the day of election, (p. 111. — G .) 

To examine certificates of election for electors of President and 
Vice President; and ascertain the electors chosen and give 
notice thereof, (p. 82. — G.) 

To convene the General Assembly in case of failure to elect 
electors for President and Vice President, (p. 112.—G.) 

To examine returns of election for Representative in Congress, 
declare the person elected, and issue certificates of election 
under his hand and the Great Seal of the State, one of which 
he shall transmit to the office of the Secretary of State of the 


Returns. 



XXVI 


Duties of Officers. 


United States, and one to the person elected; also to publish 
the result, by proclamation, in one or more public newspapers* 
of the State, (p. 114.— G.) 

Commissions, y 0 commission person decided by the court to be legally elected,. 

in case of contest of election, other than members of the Gen¬ 
eral Assembly and Governor. (p. 120. — G .) 

Vacancy. To issue writs of election to fill vacancy in office of Representa¬ 
tive in Congress, (p. 114. — G.') 

Writs of election To issue writs of election to fill vacancies in General Assembly* 
(pp. 108-109. — G .) 


Vacancies. To fill vacancies in Levy Court Commissioners, and to appoint 
a suitable person in case of a vacancy caused by a failure to 
elect, (p. 125.— S.) 


Appointment of To appoint three persons of the city of Wilmington, on or before 
Elections. the tenth day of August, 1891, who shall constitute a Depart¬ 

ment of Ejections of said city, and to fill all vacancies therein, 
(pp. 45, 46.— W. hd .) 


Appointment of To appoint special constables within the city of Wilmington 
stabiei C ° n whenever a general election is held, upon the application, in 
writing, of at least fifty citizens residing in the city of Wilming¬ 
ton. (p. 138.— W hd.') 


CLERKS OF THE PEACE. 

Alphabetical list. To make and certify an alphabetical list of the names of all the 
male citizens of the age of twenty-one years and upward, 
residing and assessed in each hundred or election district, and 
deliver the same to the Sheriff of the county, on some day in 
the month of August next preceding the general election, 
(p. 96.-6”.) 

Certificate of To demand a certificate of twenty-five voters of any organization 
desiring to be regarded as a political party in any county, if he 
has any doubt as to the sufficiency of the number of bona 
fide voters representing such organization, (p. 3. — G.) 

Contested party To decide and determine, in case of a claim by two or more 

titles, device, r • i . . . 

&c. lactions to the same party name or title, figure or device, 

to which faction the same belongs, (p. 4. — G.) 


Duties of Officers. 


xxvit 


Certificates of To cause to be preserved for six months all certificates of nom- 

nomination. . . 

ination filed in his office, (p. 4. — G.) 


Publication of To cause to be published, in at least two newspapers within his 

nominations. 1 . r r 

county, representing the two principal political parties, the 
nominations certified to him. (p. 5. — G.) 


Ballots. 


To print ballots, (pp. 3, 5-7.— G .> 


Pasters. 


Stamp, ink pads, To provide stamps, together with ink-pads or the necessary ap¬ 
paratus. (p. 7. — G.) 

To furnish pasters in case of the death, removal or resignation of 
any candidate after the printing of ballots and before the elec¬ 
tion. (p. 6. — GJ) 

instruction cards Xo cause to be printed in large type, on cards, in English and 
such other languages as may be deemed necessary, instructions 
for the guidance of electors in preparing their ballots, and to 
furnish twelve of such cards to each of the election inspectors 
at the time of delivering the ballots for his hundred or election 
district, (p. 9. — G.') 

Babots, stamps, To deliver the packages of ballots, with stamps, &c., to the 
inspector or inspectors of the several hundreds or election 
districts; or in case there shall be a vacancy in the office of 
any inspector, or failure of any inspector to apply at the 
proper time, to select some trusty person to deliver the pack¬ 
age to the inspector at the place of the election on the day of 
the election, (p. 7.— G .) 

To furnish a new supply of ballots, in case of loss or destruction 
of ballots previously delivered, (p. 8. — G.) 

Unused ballots. To preserve the ballots left in his hands, after supplying the 
hundreds and election districts, until six o’clock p. m. of the 
day of the election, and then count and destroy by fire all of 
such ballots but one, which he shall preserve in his office as a 
record, together with his certificate of the number of ballots 
counted and destroyed by him. (p. 14. — G .) 

Vacancy in office To notify the Levy Court Commissioner of any hundred in which 

of Inspector. • i rr r - • r i 

a vacancy in the office of inspector exists of such vacancy. 


New supply of 
ballots. 


(p. 92 .—S.) 


SHERIFF. 


Alphabetical list. To deliver to the registrars of each hundred or election district 
of his county, outside of the city of Wilmington, some time ins 


• • • 


XXVI11 


Ballot boxes. 


Registers and 
Voting Books. 


Ballot boxes. 


Presiding officer. 


Certificates of 
Board ol Can¬ 
vass. 


Ballot box, bal¬ 
lots, &c. 


Proclamation. 


Notice. 


Duties of Officers. 

the month of August of the year of holding the general elec¬ 
tion, the alphabetical list of the names of all the male citizens 
of the age of twenty-one years and upwards, residing and 
assessed in his hundred or election district, and at the same 
time deliver to each of the said registrars the books and stamps 
required by law. (pp. 23, 96.— S.) 

To make the ballot boxes, and the tally lists and all other papers 
to be delivered to the several inspectors, conformable to the 
requirements of law. (pp. 16,96.— S.) 

To deliver the registers, and voting books, and lists, that shall 
have been delivered to him by the registrar, to the inspector of 
the hundred or election district of the county to which such 
register, voting books and lists shall apply, within three days 
after the same have been delivered to him. (p. 36.— S.) 

To deliver two suitable ballot boxes, &c., to the inspector of each 
hundred of his county after the 23d, and before the 27th, day 
of October in the year of holding the general election, (pp. 

95-96.— S.) 

To attend and preside at the meeting of the Board of Canvass 
of his county, (pp. 103-104. — G.) 

To deliver and lodge the certificates of the result of the election, 
made by the Board of Canvass, with the proper officers, as 
presiding officer of said board, (p. 107.— G .) 

To preserve ballot boxes containing the ballots, certificate and 
tally lists, until the last day of February next after the elec¬ 
tion. (p. 108.— G .) 

To post on the outside of the Court House door of his county, 
and also in one of the most public places of each hundred of 
his county, a proclamation reciting the writ of election issued 
by the Governor for special election, (p. 109.— G.) 

To give written notice of writ of election and of the day of hold¬ 
ing election to the inspector in each hundred, (p. 109.— G.) 

To post proclamation for special election to fill vacancy in the 
office of Representative in Congress, (p. 114. — G.) 


Proclamation. 




Duties of Officers. 


xxix 


INSPECTORS. 


judges. To (with the person who at the last election for inspector next 

previous received the next highest number of votes for said 
office) choose respectively the two judges of the election in his 
hundred or election district on some day in the month of 
September next preceding the general election, as is required 
by Section n of Chapter 18 of the Revised Code, and to 
respectively notify, during the said month of September, the 
said persons of their appointment, in writing, and also, in the 
said month of September, give notice, in writing, to the reg¬ 
istrar of the hundred or election district of the persons so 
chosen, (pp. 33, 99 —S.) 

Room. To provide a room for holding general or special election in his 

hundred or election district, outside the city of Wilmington, 
(p. i.—S.) 

Notice of elec- To give public notice of the time and place of holding the next 
t,on * general election in his hundred or election district, and of the 

officers to be voted for at such election, by advertisements 
posted in at least five of the most public places in his hun¬ 
dred, within two days after receiving from the Sheriff a list of 
officers to be chosen at said general election, (pp. 99, no. — G .) 


Ballots and 
stamps. 


Delivery of 
books, &c. 


To appear at the office of the Clerk of the Peace of his county 
on the day preceding the election, before the hour of three 
o’clock p. m., to receive ballots and stamps for his hundred or 
election district, (p. 7. — G .) 

To have the register, voting books and lists that shall have been 
delivered to him by the Sheriff at the place of election before 
the opening of the polls on election day. (p. 36.— S.) 


instruction cards To cause the cards of instruction to be posted, (p. 9. — G .) 
Oaths. To take the prescribed oaths, (pp. 13, 98, 100. — G.) 


Reading certain To distinctly read Sections 34 and 35 of “An act to provide for 
law ' the secrecy and purity of the ballot” to the election officers 

at the opening of the polls, (p. 16. — G.) 


Challengers. 


To select challenger or challengers in case of failure of political 
party or parties to select, (p. 2. — G .) 


Opening pack- To open the package of ballots in the presence of the other 
age of ballots. e i ect i on officers in such a manner as to preserve the seals 

intact, (p. 9. — G.) 


XXX 


Duties of Officers. 


Delivery of bal 
lots. 


Proclamation. 


Ballots not to be 
deposited. 


Illegal ballots. 


Disputed and 
illegal ballots. 


Board of Can¬ 
vass. 


Oaths and 
affirmations. 


Notice of special 
election. 


To deliver ballots to the clerk of the election of the opposite 
political party to his own, and stamps for marking- the ballots 
to the other clerk of the election, (p. 9. — G .) 

To make proclamation that the election is open, between the 
hours of 8 and 9 o’clock a. m., and one half hour before 
closing the election to make proclamation that the same will 
be closed in that time. (pp. 101-102. — G.) 

Not to receive or deposit in the ballot box the ballot of any 
person offering to vote until he has ascertained that the voter 
has complied with the requirements of the law. (p. 36. — G .) 

Not to deposit any ballot upon which the initials of the clerks 
of the election do not appear, or any ballot on which appears 
any distinguishing mark, defacement or mutilation, (p. 12.— 

GO 

To preserve all disputed ballots and all ballots not conforming 
to the provisions of the law, and place the same, with the 
seals, in the box in which the ballots shall have been put when 
read. (p. 14. — G.) 

To meet on the Thursday next succeeding the day of the general 
election, at 12 o’clock m., at the court house of his county 
(except in New Castle County, where they shall meet at 10 
o’clock a. m.), as a Board of Canvass, and deliver to the 
Sheriff, or other presiding officer of the board, the certificates 
of election and the ballot boxes of his hundred. (pp. 103- 
104, no. — G .) 

To deliver into the office of the Clerk of the Peace of his county, 
on the Thursday next succeeding the day of the general elec¬ 
tion, the oaths or affirmations that shall have been signed by 
the inspector and judges of the election in his hundred or 
election district; the certificates of said oaths or affirmations 
having been administered; the two lists' of the polls to be kept 
at the election; the alphabetical list certified to by the Clerk 
of the Peace, and the register and voting books, (pp. 37, 38, 
108.— S.) 

To give notice of special election, on writ of election issued by 
Governor, to fill vacancy in the office of Representative in 
Congress, (p. no. — G.) 


Duties of Officers. 


xxxi 


Record of 
Deaths. 


Oath. 


Duty of. 


Comparisons of 
registers. 


Announcement 
of names of 
voters. 


Illegal votes. 


Comparison of 
registers. 


Deposit of 
registers. 


To securely attach a “Record of Deaths” to the inside of the 
register in his custody, to compare the same with the register, 
and to make certain entries, (p. 49.— W. lid.) 

To appear before the Department of Elections, within ten days 
after the receipt of notice of their selection as inspectors, by it 
to be examined, and, if found qualified, to take the prescribed 
oath of office, (pp. 50, 64.— W. lid.) 

To be present at their respective polling places at or before the 
hour of seven o’clock a. m., and there remain until the polls 
are closed, and their duties at such polling places are at an 
end. (p. 60.— W. lid.) 

To have with them at the polling place the registers, and to care¬ 
fully compare, before the hour of election, the corrected regis¬ 
ter with the other registers and make them agree in all respects 
with said corrected register, (p. 60.— IV lid.) 

To announce, in a loud, clear, and distinct manner the name, as 
given, by any person offering to vote; and not to receive or 
deposit in the ballot box the ballot of any person so offering 
to vote, until at least two of said inspectors have examined and 
found the name and residence of such person and declared the 
same to be upon at least two of the said registers as a qualified 
voter, or as one who may become qualified, and who at the 
time of offering to vote has perfected his qualifications as an 
elector; to make certain entries in the register when the vote 
of said applicant is received, and to stamp the tax receipt of 
the voter, (p. 61— IV lid.) 

To note on the register in his possession the name and residence 
of each and every person whose vote shall, in his opinion, 
be received in contravention of the provisions of law, and the 
name of the inspector or inspectors who shall so receive or 
deposit in the ballot box any such vote. (p. 61.— W. lid.) 

To compare the registers as kept by them, immediately on the 
close of the polls on the day of election, and attach to them a 
certificate in writing that the same are correctly checked, (p. 

61.— W hd.) 

To leave the registers at the office of the Department of Elec¬ 
tions within twenty-four hours after the completion of the can¬ 
vass of the votes cast in the election district in which they 
(p. 61.— W. lid.) 


serve. 


xxxii 


Care of registers 


Oath. 


Entries. 


Canvass of votes 


Attendance. 


Board of Can¬ 
vass in election 
of Assessors. 


Furnishing of 
Maps, &c. 


Duties of Officers. 

To not permit the register, which each may have, to leave their 
possession (except it be the one filed in the Department of 
Elections), from the time of receiving the custody of the same 
until they shall file the same as provided by law. (pp. 61-62. 
— IV. hd.) 

To administer the prescribed oath to any person applying to 
register, or offering to vote, who may be challenged by any 
qualified voter in the city. (p. 62.— IV. /id.) 

V 

To write in ink, immediately after the close of the polls on the 
day of election, before proceeding with the canvass of the bal¬ 
lots in the box, the word “ No ” opposite to and against the 
name of each person entered in the registers who is not shown 
by said registers to have voted; to then compare the said reg¬ 
isters, make them agree, and ascertain the number of persons 
who by them are shown to have voted at that poll that day, 
and when they have made comparison and ascertained such 
fact the chairman shall announce the same in a loud voice, 
(p. 63.— IV hd.) 

To canvass, tally, and certify the result of the election, in accord¬ 
ance with the existing laws of the State, the chairman of each 
Board of Inspectors performing the duties required by law of 
the inspector, and the other two inspectors the duties required 
of judges of election, (pp. 37, 38, 64.— W. hd.) 

To be in constant attendance during the hours and times fixed 
for the discharge of their several duties, (p. 65.— IV hd.) 

To assemble in the City Hall at Wilmington, immediately after 
making the certificates required by Section 8, Chapter 19, of 
the Revised Statutes, and ascertain and declare who have been 
duly elected assessors in the several assessment districts, and 
to make, sign and deliver certificates of said election in the 
manner prescribed by law. (p. 136.— W. hd.) 

CITY SURVEYOR. 

To furnish the Department of Elections, upon their request, a 
map or maps of the several wards of the city, or any and all 
portions thereof, (p. 66.— IV hd.) 


Oath. 


Registration 

books. 


Sittings. 


Stamping receipt 


Printing of Al¬ 
phabetical list. 
See. 


Certificate, 


Certificate in 
case of re¬ 
moval. 


Duties of Officers. xxxiii 

REGISTRARS AND ALTERNATE REGISTRARS. 

To take and subscribe, within ten days of being notified of 
their appointment, the prescribed oath, before the Clerk of the 
Peace of the county in which they shall reside, before entering 
upon the duties of their office, (pp. 19, 20 and 32.— S.) 

To endorse the books of registration and voting books immedi¬ 
ately upon receiving them, in accordance with the provisions 
of the law. (p. 24.— S.) 

To sit at such places in the election district as may be most con¬ 
venient to the voters, ample notice being given of times and 
places, from 8 a. m. until 6 p. m., with an intermission from 
12 to 1, on the first four Saturdays of the September next 
preceding every general election, to pass upon the qualifica¬ 
tions of each person personally applying to be registered, and 
to record certain entries in their registers and voting books, 
(pp. 24-28.— S.) 

To stamp the tax receipt of any person applying to be registered 
as a qualified voter whenever he requires such person to pro¬ 
duce said tax receipt, (p. 32.— S.) 

To cause to be printed not less than fifty copies of the alpha¬ 
betical list of qualified and partially qualified voters and en¬ 
tries opposite the names in each of the voting books, within 
one week of their last sitting in September, and within said 
week “to cause one of said printed copies of each of said lists 
to be posted in at least ten of the most public places in his 
hundred or election district.” (p. 28.— S.) 

To give to each person registered a certificate of registration, 
if requested, (p. 28.— S-) 

To (upon the personal application of any person registered as a 
qualified voter, or one who may become qualified upon pay¬ 
ment of tax, who has removed from the county in which he 
is so registered to any other county in this State) strike the 
name of such person from the register and voting books, and 
give him a certified copy of the entries in the register and 
voting books relating to him, together with a certificate that 
his name has been stricken from the register and voting books. 

(PP- 3 I_ 3 2 -— -S') 


XXXIV 


Duties of Officers. 


Associate Regis¬ 
trar. 


Alphabetical list 


JRegistration 

books. 


Board of Regis¬ 
tration. 


Meeting. 


Removal of 
voters. 


To appoint a person to act as associate registrar, upon failure of 
the proper person to select the same, and in certain other 
cases, (p. 33.— S.) 

To produce and have before the Board of Registration, at all its 
sittings, the alphabetical list delivered to him by the Sheriff, 
and also the registers and voting books, (p. 29.— S.) 

To deliver to the Sheriff of the county one of said registers, and 
one each of voting books of qualified voters, and voting books 
of partially qualified voters, properly certified to, together with 
the alphabetical lists which shall have been delivered to him 
by the said Sheriff, within one day after said registers and 
voting books have been duly certified to by the Board of 
Registration, and to deliver to the Clerk of the Peace of the 
county in which he resides the registers and voting books re¬ 
tained by him within one week after the following general 
election. (35-36.— S.) 

INSPECTORS ACTING AS REGISTRARS. 

To meet in their respective election districts at the places which, 
as provided by law, shall be designated for such meeting, and 
at the times designated by law for registration, and organize as 
a board by selecting one of their number to act as chairman ; 
to remain in session on each of said days for the revision of 
registration, from between the hours of eleven and twelve 
o’clock in the forenoon and seven o’clock in the afternoon; to . 
receive and enter upon their several registers the application 
for registration of all male persons who shall personally present 
themselves, and to examine all persons who personally 
apply as to their qualifications as electors, and immediately, in 
the presence of the applicant, enter in the register the state¬ 
ments and facts set forth in the law. (pp. 53, 54, 55.— W. hd.) 

To meet in their respective election districts, at the places which 
shall have been provided for such meetings, on the days and 
at the times designated for the revision of any general registra¬ 
tion, and receive the applications for registration in accordance 
with the law. (p. 55.— IV. hd.) 

To transfer, when they deem proper, the name of any voter 
from one registration district to another, upon removal, appli¬ 
cation, and compliance with requirements of law, and to pre¬ 
serve the oath of voter removing, and make certain entries on 
the register, and to give certificate of removal, (pp. 56, 57, 
58. IV hd.) 


Duties of Officers. 


xxxv 


Stamping of tax 
receipts. 


To stamp the tax receipt of every applicant entered upon the 
register, (p. 58.— IV. hd.) 


Signing of cer- To fill up, date, and each sign a certificate as prescribed by law, 
at the close of each day of registration or revision of registra¬ 
tion, and before adjourning shall make a “ public copy ” of 
the registers and compare throughout each of the registers and 
copy thereof, and on the last days of any registration and re¬ 
vision of registration certify the .said copy in the same manner 
as if it were an original, and within forty-eight hours after their 
adjournment on said last day of registration or revision of reg¬ 
istration leave it suspended in the place where such registra¬ 
tion was conducted; to take possession of said copy of registra¬ 
tion and return to the Department of Elections, as provided 
by law, and at the same time to deliver one of the registers 
made by them. (pp. 59-60.— W. hd.) 


BOARD OF REGISTRATION. 

Sitting. To sit from 8 o’clock a. m. until 6 o’clock p. m., with an inter¬ 

mission from 12 to 1, on the three Saturdays immediately pre¬ 
ceding the Saturday next before the general election, at the 
place where the following general election is to be held, or at 
some convenient and suitable place in the town or village in 
which such election will be held; to enter upon said registers 
the names of all persons applying to be registered who have 
omitted to make such application before the registrar when 
sitting alone, and also the names of all persons who may have 
applied to the said registrar but whose names were not entered 
by him as required by law; to correct on the registers any 
mistakes which may have been made by the registrar in any 
entry therein, either as to the n&me, or as to any other state¬ 
ment of fact, upon the personal or written application of the 
person in relation to whom such correction is made, or, after 
written notice to him; to hear and examine appeals from the 
registrar in certain cases upon the personal application of the 
person appealing, and make certain entries of the acts and 
findings in relation thereto; to examine into the matter of any 
person charged to be illegally registered, upon a proper affi¬ 
davit of a legal voter being presented to them, and to make 
certain entries of the acts and findings in such case. (pp. 29, 
30, 31 and 33.— S.) 


XXX VI 


Duties of Officers. 


Comparing 
Registers, &c. 


To compare the two registers and the two alphabetical lists, as 
contained in the voting books, immediately after the close of 
their last sitting, (p. 34.—Y.) 


Certificates. To append to each of the alphabetical lists contained in the 
several voting books a certificate, in accordance with the re¬ 
quirements of the law, within three days after their last sitting; 
and to append to the registers of their respective hundreds or 
election districts a certificate that each of said registers is the 
official register of such hundred or election district, and, so far 
as is within their knowledge, no false or improper entries have 
been made therein, (p. 34-35— S.) 


Powers. To exercise the powers of a justice of the peace at and around 
the place of registration, as provided in Section 4 of “An act 
providing for the registration of voters.” (p. 20— S.) 


PRESIDING OFFICERS AND SECRETARIES OF 
PARTY CONVENTIONS OR COMMITTEES. 

Certificate. To certify to Clerks of the Peace, not less than twenty days be¬ 
fore the day of election, the nominations made by the party 
convention, the title of the party which such convention repre¬ 
sents, and the party figure or device by which its candidates 
may be designated on the ballot. (3-4— G .) 

ELECTION OFFICERS. 

Oath. To take the prescribed oaths of office before entering upon their 

duties, (pp. 13, 16, 98 and 100— G.') 

clerk of Election Each of the two judges of election, after being qualified, to 
choose one clerk of election, (p. 100— S.) 

. a t . * * 

Voters' Assist- To select voters’ assistants and assign them a place in the room 
where the election is being held. (p. 10.— G .) 

Ballots. To provide ballots in case there shall be found no ballots at the 

opening of election, (p. 8.— G.') 

Ballot boxes. To examine ballot boxes and see that the same contain nothing, 
then to lock the same and deliver the key, &c., as provided 
by law. (p. 101.— G .) 


Duties of Officers. 


xxxvii 


Voting. Not to permit more than one elector for each booth to enter or 

be in the election room at any one time, nor more than one 
person to occupy any booth at one time, nor allow any voter 
to remain in or occupy any booth longer than three minutes, 
(p. ii.— G .) 

Entries. To write the word “voted” against the name of any person 

voting, in the alphabetical list in the voting book in which his 
name appears, (p. 37. — G .) 

Disputed ballots To record on the tally list memoranda of disputed ballots and 
ballots not conforming to the provisions of this act and the con- 

Unused ballots. dition of the seal on the ballot packages; to count the unused 
ballots, destroy the same by fire, and certify on the respect¬ 
ive tall}'’ lists the number of ballots so destroyed, (p. 14.— G .) 

Counting of votes To read and count the votes; make and sign two certificates of 
the election in their hundred according to the forms prescribed 
in the law; sign the tally lists, which they shall deposit, with 
one of said certificates, in the box into which the ballots shall 
be put when read, and other duties as required by law. (p. 
103. — G.) 

Certificates. To make and sign four certificates of the person elected as as¬ 
sessor and inspector for their respective hundreds immediately 
upon closing the election, and to transmit the same to the 
proper officers, and to vary the form of said certificates where 
the hundred has been divided into two or more election 
districts; and in the latter case the inspector and judges of each 
election district shall assemble on the day next succeeding 
such general election at the place and in the manner prescribed 
by law to ascertain who has been duly elected assessor, (pp. 
90-91.— S.) 

CLERKS OF ELECTION. 

• 

Marking ballots. To write their initials, in ink, upon the lower left hand corner of 
the back of each of the ballots in their ordinary handwriting, 
without any distinguishing mark; and the clerk having the 
custody of the ballots to deliver one to each successive elector 
as called for, and the other clerk to deliver to him a stamp. 
(9-10— G .) 

Entries. To write the word “ voted” after the name of the voter on the 

poll list, and to make a minute, opposite the name of any 


xxxviii 


Poll list. 


Attendance. 


Oath. 


Meeting. 


Canvass of re¬ 
turns. 


Division of elec 
tion districts. 


Duties of Officers. 

elector who discloses the name of the candidate and candidates 
for whom he voted, of such disclosure, and also to make a 
minute of the delivery of a second ballot in case the first is 
spoiled, defaced or mutilated, (pp. 11-12— G .) 

To keep, in ink, in books to be prepared and furnished for that 
purpose, a poll list, as prescribed by law. (p. 63.— IV. lid.') 

To be in constant attendance during the hours and times fixed for 
the discharge of their several duties, (p. 65.— W. hd.) 

VOTERS’ ASSISTANTS. 

To take the prescribed oath and to prepare, in the presence of 
the elector, and in the presence of each other, the ballot of any 
elector who declares that, by reason of physical disability or 
inability to either read or write, or both, he is unable to mark 
or alter his ballot, and requests their assistance, (pp. 10-12— 
G.) 


BOARD OF CANVASS. 

To meet at the court house of their county on the Thursday 
next succeeding the day of the general election, at twelve 
o’clock noon, except in New Castle county, where they shall 
meet at ten o’clock a. m. (p. 103— G.) 

To ascertain, publicly, the state of the election throughout the 
county by calculating the aggregate amount of all the votes 
for each office that shall have been given, in all the hundreds 
of the county, for every person voted for for such office, 
and make the required certificates, (pp. 105, 106— G.) 

COMMISSIONERS. 

To divide hundreds or election districts when they deem neces¬ 
sary and establish the boundaries thereof, and designate each 
of said newly established election districts by appropriate titles 
or distinctions; designate the place of holding the elections in 
said districts, and secure the room for the holding of the same; 
to appoint inspectors for the new election districts in which the 
inspector for the original hundred or election district does not 
reside, and to certify a report of their proceedings to the Clerk 
of the Peace of the proper county by the first day of March, 
A. D. 1892. (pp. 13-14— S.) 


I 


Oath of office. 


Organization. 


Redistricting. 


Polling place 
and place of 
registry. 


Books of Regis 
tration. 


Supplies. 


Custody of 
certain books 
and papers. 


Duties of Officers. xxxix 

DEPARTMENT OF ELECTIONS. 

To take and subscribe the oath of office and file the same in the 
office of the Clerk of the Peace, within one month from the 
time of appointment, (p. 46.— W. hd.) 

To meet and organize by selecting one of their number to be 
president for two years from the date of his appointment, and 
to select one of their number biennially thereafter to be presi¬ 
dent. (p. 46.— IV hd.) 

To divide the city into as many election districts as they shall 
deem necessary, on or before the first day of September next 
preceding the time of the first registration held under the pro¬ 
visions of law, and every six years thereafter. Provided that 
each election district shall contain, as near as may be, no more 
than three hundred, nor less than one hundred qualified voters, 
and that each of said districts shall be entirely within the 
boundary of one ward, and on or before the first day of Sep¬ 
tember, 1894, and bennially thereafter, to divide such^ of the 
districts as shall be found to have a registration of more than 
three hundred voters, (pp. 46, 47.— W hd.) 

To designate and appoint a place of registry and polling place in 
each election district in the city, and not less than two weeks 
prior to the first day of any registration or revision of registra¬ 
tion advertise, by posters or handbills, posted in five of the 
most public places in each district, the number and boundaries 
of the district in which they are posted, the time and place of 
holding the next registration and election in such district, and 
the officers to be voted for at such election; and to hire all 
such places, and cause the same to be fitted up, warmed, 
lighted and cleaned, (p. 47.— W. hd.) 

To cause to be prepared books for the registration of names and 
facts required by law. (p. 47.^— IV. hd.) 

To prepare and furnish all necessary registers, books, maps, 
forms, oaths, certificates, blanks, instructions, and a copy of 
the Wilmington Registration law for the use of the inspectors 
of elections, (p. 48.— W. hd.) 

To have and retain the custody of all registers, tally lists, books, 
maps, forms, oaths of office and of removal, blanks, instruc¬ 
tions, and all other records and supplies pertaining to the De¬ 
partment of Elections, (p. 48.— IV. hd.) 


xl 


Duties of Officers. 


Dismissal of 
election offi¬ 
cers. 


Clerk. 


Record of 
Deaths. 


Ballot boxes, 
stamps. &c. 


Appointment of 
inspectors. 


Certificates. 


Examination, 
comparison, 
and delivery 
of registers. 


Office. 


Notice to Attor¬ 
ney-General. 


To dismiss any election officer at any time that they may deem 
proper, and supply his place with another person, (p. 48.— 
W hd.) 

To employ a clerk and such other assistance as they may deem 
necessary, (p. 48.-— l\ r . /id.) 

To cause to be delivered to each inspector of elections, in each 
election district in the city, in each year in which an election is 
held, on or before the first day of registration, a “Record of 
Deaths.” (p. 49.— IV. hd.) 

To furnish the inspectors with ballot boxes and stamps, . (pp. 49, 
50.— IV. hd.) 

To appoint, in the month of August in each year in which a gen¬ 
eral election is held, three persons for each election district to 
serve as inspectors of election and to appoint poll clerks for 
elections, and make all necessary removals and transfers of 
election officers, and fill all vacancies. (50, 52.— IV hd.) 

To deliver a certificate of appointment to whomsoever shall be 
nominated, approved, and sworn into office by it as an inspec¬ 
tor of election or poll clerk. (51, 52.— IV. hd.) 

To carefully examine and compare with each other the several 
registers required to be filed in their office, and make certain 
corrections therein, and on the morning of the day of the next 
election, between the hour of seven o’clock a. m. and the time 
prescribed for opening the polls, deliver to the inspectors the 
registers made by the inspector of such district, and so cor¬ 
rected. (p. 60.— IV hd.) 

To meet and fit up some suitable place in the city of Wilmington 
as an office for the use of the Department, (p. 65.— IV hd.) 

To notify the Attorney-General of all violations of the act pro¬ 
viding for the registration of voters in the city of Wilmington, 
(p. 74.— n: hd.) 


DUTIES OF OFFICERS 


At Municipal Elections in the City of Wilmington. 


MAYOR. 


Duty as Justice To perform duties of Justice of the Peace at eledlions. (p. 80.) 

of the Peace. 


Appointment of To appoint members of Department of Elections to fill vacan- 

Department of cies caused by expiration of term of office of present mem* 
E iections. bers or tQ ^jj ot ^ er vacanc j es> (p. 143.) 


To be present in 
his office for 
receiving re¬ 
turns. 


To be present in his office from the time of closing polls until 
12 o’clock midnight the day of the election, and from the 
hour of 8 o’clock to the hour of 10 o’clock a. m. of the first 
Monday after the election, and on the first Tuesday following 
the election from the hour of 10 o’clock a. m. to 12 o’clock 
nooh. (pp. 161-2.) 


CITY SURVEYOR. 

To furnish to the Department of Elections, upon their request, 
a map or maps of the several wards of said city, or any and 
all portions thereof, (p. 167.) 


CITY COUNCIL. 

Vacancies. To fill vacancies temporarily in office of Mayor, (p. 140.) 

Certificates. To examine certificates, and in case of tie elecl one of the can¬ 

didates to the office for which he is a candidate, (p. 163.) 

Contests. To hear and determine all contests made in accordance with the 
law by any candidate for any city office, (pp. 163-4.) 



xlii 


Duties of Officers. 


CLERK OF CITY COUNCIL. 

To be present at the office occupied by him from the hour of 
closing the polls until midnight of the day of the election, and 
from the hour of 8 o’clock to the hour of io o’clock a. m. of 
the Monday after the eleCtion, and on the first Tuesday after 
elebfion from the hour of io o’clock a. m. to 12 o’clock noon, 
(pp. 161-2.) 

INSPECTORS. 

To appear before the Department of EleClions within ten days 
after notice of their selection as inspectors for the purpose of 
examination, and if found qualified to take the prescribed 
oath. (pp. 147-8.) 

• 

Care of registers, not permit registers to leave their possession from the time 
of receiving the custody of the same until they shall file the 
same, as provided by law. (p. 155.) 

To administer the oath or oaths, provided by law, to any appli¬ 
cant who may be challenged on any day of registration or 
eleCtion. (p. 155.) 

To be present at their respective polling places at or before the 
hour of 9 o’clock a. m. on the day of any city election, to 
carefully compare, before the hour of eleCtion, the corrected 
register with the other registers and the public copy of the 
register, and make them agree with the corrected register. 

(p- 154.) 

Copy of registers To take possession of the public copy of the registers on the day 
of the eleCtion and return it to the Department of Elections, 
as provided for the return of registers, (p. 153.) 

Poll clerks. To choose a person or persons to aCt as poll clerk or clerks if 
either or both of the poll clerks be not present at the place of 
eleCtion at the time for opening any city eleCtion. (p. 164.) 

Announcement. To announce, in a distinCt manner, the name of any person 
offering to vote, and if the applicant be decided to be quali¬ 
fied, to make certain entries in the register upon depositing 
the ballot and to immediately stamp his tax receipt, (pp. 
I 54 - 5 - 

Names and resi-To note on register the name and residence of each and every 

dences. # J 

person whose vote shall be received contrary to law, and the 


Oath. 


Comparing of 
registers' 


Presence at 
office to re¬ 
ceive returns, 
&c. 


Examination. 


Duties of Officers. 


Entries in regis¬ 
ters. 


Comparison of 
registers. &c. 


Canvass. 


Destruction of 
ballots. 

Delivery of 
statements. 


Receipt for 
registers, &c. 


Alphabetical list. 


xliii 

name ol the inspedfor or inspectors who shall receive' or de¬ 
posit in the ballot box any such vote. (p. 155.) 

To write, in ink, immediately after the close of the polls and be¬ 
fore proceeding with the canvass of the ballots, opposite the 
name of each person entered in the registers, who is not shown 
by said registers to have voted, the word “no;” to then com¬ 
pare the registers, make them agree and ascertain the number 
of persons who by them are shown to have vpted at that poll 
that day, and announce the same in a loud voice, (p. 157.) 

To compare the registers as kept by them and attach to them a 
certificate, in writing, that the same are corredlly checked, im¬ 
mediately on the close of the polls on the day of election; and 
within forty-eight hours after the completion of the canvass of 
the votes in the eledfion district in which they respectively 
serve leave the register at the office of the Department of 
Elections, (p. 155.) 

To publicly and fully canvass, without adjournment, the votes, as- 
soon as the polls of election shall have been finally closed, and 
make out and sign the several statements required by law* 
(pp. 157-8-9-160.) 

To destroy certain ballots, (p. 161.) 

To deliver statements to the Department of Elections, to the 
Clerk of the City Council, and to the Mayor, at or before the 
hour of 10 o’clock a. m. on the first Monday after the city 
eledlions. (pp. 160-1.) 

To take receipt for any statement, tally, register, or copy thereof, 
from the person to whom the same may be delivered, accord¬ 
ing to law, and to file said receipt in the office of the City 
Auditor, (p. 161.) 

To securely attach the alphabetical list offifhe names of voters 
having died since the last city eledfion in his distridf to the 
inside of the register in his custody, and to make certain en¬ 
tries in the register, (p. 146.) 

INSPECTORS ACTING AS REGISTRARS. 

To meet in their respedlive eledtion distridfs at the places and 
times designated by law and organize as a board by seledfing 
one of their number to adf as chairman; to remain in session 
on each of the davs fixed by law, between the hours of ten 


Meeting. 


xliv 


Duties of Officers. 


o’clock in the forenoon and half-past seven in the afternoon, 
to receive and examine applications for registration; to admin¬ 
ister the oath or affirmation prescribed by law, and to enter in 
the register the statements and faCts required, in the manner 
prescribed, (pp. 150-1-2.) 

stamping of taxTo stamp the tax receipts presented by persons applying to be 

receipts. . . / N 

registered, (p. 152.) 

Certificate. To fill up, date and sign a certificate, as required by law, at the 
close of each day of registration. 

Copy of registers To make a copy of the registers in a book prepared for that pur¬ 
pose, and compare the same and all the registers on each day 
of any registration before adjourning, and on the last day of 
any registration in every year in which a city eleCtion is held 
to certify the said copy in the same manner as if it were an 
original, and within forty-eight hours after the adjournment on 
said last day of registration leave it suspended in the place 
where such registration was conduced, (p. 153.) 

DEPARTMENT OF ELECTIONS. 

Election districts To divide the City of Wilmington into eleCtion districts on or 
before the first day of April in every fifth year; said districts 
to contain not exceeding three hundred nor less than one hun¬ 
dred qualified voters, and to be entirely within one ward, and 
to redivide said districts, on or before the first day of April in 
every year, when the registration shows more than three hun¬ 
dred voters in one distriCL (p. 144.) 

Places of r;gis- To designate and appoint the places of registry and polling 

try and voting. ® _ / r & J r & 

place in each distriCI, and biennially, not less than two weeks 
prior to the first day of registration, advertise the number and 
boundaries of districts and designate the time and place of 
holding the registration, the officers to be voted for, and to 
hire such places and cause the same to be fitted up, warmed, 
lighted and cleaned, (p. 144.) 

Books, maps, &c To cause books of registration, maps, <&c., to be prepared and 
furnished to election officers, (pp. 144-5.) 

Alphabetical To, in each year in which a city election is held, cause to be 

record. . 

made and delivered to each inspector, on or before the Satur¬ 
day next preceding the day of eleCtion, an alphabetical record 


Duties of Officers. 


xlv 


Election 

machinery. 


Inspectors and 
Poll Clerks. 


Certificate. 


Comparison of 
registers. 


Delivery of 
registers. 


When to be 
present in 
office. 


Certification of 
result of elec¬ 
tion. 


Certificates. 


of all male persons twenty-one years of age and upward who 
have died in the district of said inspector since the last city 
election, (p. 146.) 

To furnish election officers with necessary eledfion machinery, 
(p. 147.) 

To seledf for such eledfion distridf, in the month of April in each 
year in which a city elediion is held, three persons to serve as 
inspedfors of eledtions, and also seledf poll clerks for city elec¬ 
tions, make all necessary removals and transfers and fill all 
vacancies, (pp. 147-149.) 

To give a certificate to whomsoever shall be nominated, approved 
and sworn into office as an inspedfor of elections or poll clerk. 
( pp . 148-9.) 

To carefully examine and compare with each other the several 
registers required to be filed in their office, and to make the 
proper corredlions and entries therein, (pp. 153-4.) 

To deliver to the inspedfors in each eledfion distridf, at the poll¬ 
ing place therein, the register made by the inspedfor of such 
distridf, as corredfed, on the day of the next city eledfion, 
between 9 o’clock a. m. and the time prescribed for opening 
the polls, (p. 154.) 

To be present in their office from the time of closing polls until 
12 o’clock midnight of the day of the eledfion, and from the 
hour of 8 o’clock to the hour of 10 o’clock a. m. of the first 
Monday after the eledfion. (p. 161.) 

To meet in public session, at the City Hall, on the first Monday 
following each city eledfion, at the hour of 12 o’clock noon, 
and canvass, declare and certify the result of such eledfion, 
and on the first Tuesday following the eledfion, between the 
hours of 10 o’clock a. m. and 12 o’clock noon, deliver and 
lodge one of the certificates, made as required by law, in the 
office of the Clerk of the City Council, and the other in the 
office of the Mayor of the city. (p. 162.) 

To make certificates and deliver the same to each person de¬ 
clared to be eledfed at said eledfion. (pp. 162-3.) 

To rent and fit up some suitable and convenient place in the city 
for an office, (p. 165.) 


Office. 


xlvi 


Duties of Officers. 


Examination. 

Entries, 

Tally. 

Certification ot 
poll list. 


POLL CLERKS. 

To appear before the Department of Elections within ten days 
after notice of the selection as poll clerks for the purpose of 
examination, and if found qualified to take the prescribed 
oath. (147-8.) 

To keep, in ink, a poll list in books prepared for that purpose 
and make certain entries therein, (pp. 156-7.) 

To deliver tally to the Department of Elections and to the 
Clerk of the City Council, (p. 161.) 

To certify the poll list to be a true and correct list of the votes 
cast at the election in their respedtive eledtion distridts, and at 
or before the hour of 10 o’clock a. m. of the first Monday 
after the city eledtion to file the same, one in the office of the 
Department of Eledtions and the other in the office of the 
Clerk of the City Council, and to take a receipt from the party 
receiving the same and to file the said receipt in the office of 
the City Auditor, (p. 161.) 









































% 















S-A-MFLE BALLOT. 



SPACE FOR DEVICE. 


DEMOCRATIC 
TICKET. 

For Electors of President and Vice 
President: 

CALEB P. JOHNSON, 
ROBERT H. HILL, 


WILLIAM T. RECORDS. 


J 


For Representative in Congress: 

JOHN W. CAUSEY. 

For Senator: 

JOHN K. RICHARDS. 

For Representatives: 


THOMAS ATTIX, 


WILLIAM T. HUTSON, 


DANIEL M. RIDGELY, 
DAVID D. MARVEL, 


GILDER D. JACKSON, 



JOHN M. EISENBREY, 


PERRY P. RICKARDS. J 

For Sheriff: ' 


AMOS COLE. i 

For Coroner : >:] 


WILLIAM FOX. | 

J 

For County Treasurer: >? 

□ 

JOHN P. Q. SMITH. ] 

For Levy Court Commissioners: 


THOMAS A. REES, | 

For Kenton Hundred. f 

a 


WILLIAM HARRINGTON, { 

For Little Creek Hundred. % 

1 


WILLIAM A. COSDEN, j 

For West Dover Hundred. p 

"'4 


ROBERT J. BESWICK, 

For Milford Hundred. 


RICHARD ROE, 

For Mispillion Hundred. 


□ 

□ 


For Assessor: 


SAMUEL M. TAYLOR. 

For Inspector: 

JOHN F. BELL. 


SPACE FOR DEVICE. 


REPUBLICAN 

TICKET. 


*. For Electors of President and Vice 

I President: 

I 

«' 

HENRY DuPONT, 

; 

i 

JOSEPH R. WHITAKER, 


JOSHUA H. MARVEL. 

For Representative in Congress : 


HENRY P. CANNON. 

For Senator: 

, 

JOHN H. HOFFECKER. 

] For Representatives: 

£ 

i" 

CHARLES G. ROSS, 


JOHN H. BISHOP, 

< . 

EDGERTON R. GRANT, 

"i 

JOHN W. CASSON, 

(i 

EZEKIEL COWGILL, 


CALEB J. SMITHERS, 


ALEXANDER SIMPSON. 

For Sheriff: 1 

J 

RILEY MELVIN. 

For Coroner: ► 


Dr. LUTHER S. CONWELL. |{ 

For County Treasurer: j 


WILLIAM JONES. j 

For Levy Court Commissioners: > 


ANDREW H. MOORE. | 

For Kenton Hundred. 


NICHOLAS H. VINSON, ! 

For West Dover Hundred. % 


DAVID C. MONTGOMERY, | 

For Little Creek Hundred. L 


REUBEN HARRINGTON, | 

For Milford Hundred. i 

_ _ * 


WILLIAM H. BROWNE, 

For Mispillion Hundred. | 


For Assessor: $ 


K 

FRANK A. MOORE. | 

- - ^ 


For Inspector: 


--| 

THOMAS H. GULLETT. | 

« 



PROHIBITION 

TICKET. 


< For Electors of President and Vice 

< President: 

i 

ALLAN GAWTHROP, 

4 

WILLIAM DENNEY, 

i 

i 

JOHN SMITH. 

, For Representative in Congress: 


DANIEL M. PRICE. 

J For Senator: 

•1 

LEWIS M. PRICE. 

] For Representatives: 

i 

WILLIAM F. COLLINS, 


EDWARD PLEASANTON, 


WILLIAM STEFFY, 


JOHN HUTTON, 


CHARLES E. FENN, 


LEVI STERNER, 


william g. mcmillan. 

For Sheriff: 


BARNEY VEASEY. 

For Coroner: 

- 


JOHN JONES. 

For County Treasurer: 


THOMAS BROWN. 

For Levy Court Commissioners: 


J. M. ARTHURSTON, 

For Kenton Hundred. 


JOSEPH P. ORRE, 

For West Dover Hundred. 


CHARLES P. BAILIS, 

For Little Creek Hundred. 


JOHN S. WILDE, 

For Millord Hundred. 


JOHN DOE, 

For Mispillion Hundied. 

For Assessor: 


JAMES B. CLARKSON. 

For Inspector: 


Dr. WILLIAM H. SMITH. 


I 



□ 

□ 


For Electors of President and Vice 
President: 


For Representative in Congress: 


For Senator: 


For Representatives : 


For Sheriff: 


For Coroner: 


J 


For County Treasurer: 


For Levy Court Commissioners : 


For Kenton Hundred. 


For West Dover Hundred. 


For Little Creek Hundred. 


For Milford Hundred. 


For Mispillion Hundred. 


For Assessor: 




For Inspector: 


































































































































































































































































































LAWS OF DELAWARE. 


VOLUME XIX. 

TITLE FOURTH. 

Ot Elections. 


s 

CHAPTER 37. 


AN ACT to provide for the Secrecy and Purity of the Ballot. 

Be it enabled by the Senate and House of Representatives 
of the State of Delaware in General Assembly met: 

Section i. That hereafter it shall be the duty of each Duty of 
inspedtor of eledtions in this State, outside of the city, of pJJ?idl°i to 
Wilmington, to provide a room for the holding of any gen- 
eral or special eledtion in his hundred or eledtion distridt tions - 
which shall be adapted to the requirements of this adt. 

Said room shall be'at the place now or which may here- pu f 
after be established by law in each hundred or eledtion houiingeiec- 
distridt for the holding of eledlions, or in as close prox- tlons ' 
imity thereto as practicable, having due regard to the 
convenience of the voters. Provided , however, that if any Noticeof 
inspedtor shall seledt a place for the holding of any general c ^ a a c n e g ^ f of 
or special eledtion in his hundred or eledtion distridl, other holding elec- 
than the one established by law, he shall do it in time to t,on ' 
give the notice of holding such eledtion required by law. 

Said room shall have a door or entrance of easy or con- 
venient access, and if practicable, a separate means of exit. room and 
It shall be provided on the outside with a passage at least entrance - 
four feet wide and with a railing, rope or wire on each 
side commencing at least thirty feet away from and leading 
to the entrance to such place of eledtion and passing the 
place assigned for the challengers and thence to the entrance 
of the room in which the eledtion is held. 



2 


Interior ap¬ 
pliances of 
room. 


Booths. 


Size and ar¬ 
rangement 
of booths. 


Duty ot the 
department 
of elections 
in the city of 
Wilmington, 
in providing 
conveni¬ 
ences for 
elections. 


Challengers. 


What shall 
constitute a 
political 
party under 
this ac5t. 


LAWS OF DELAWARE. 


OF ELECTION^. 

The inspector shall provide for the room a railing therein 
separating the part of the room to be occupied by the eledlion 
officers from the remainder of the room. He shall also pro¬ 
vide a suitable table and chairs for the use of the election 
officers. The table shall occupy such a position in said room 
as to enable the eledlion officers and the challengers herein¬ 
after provided for to easily communicate with each other. 
He shall cause to be constructed in the room at least one 
booth for every one hundred and fifty voters or fractional 
part thereof in each hundred or eledlion distridl; provided 
that there shall not be less than three booths at any one hun¬ 
dred or election distridl. The booths shall be at least three 
feet square and six feet high if the ceiling will admit it. 
They shall each contain a shelf properly construdled and 
provided with pen and ink and they shall be so construdled 
and arranged that all the eledlion officers in the room can see 
whether more than one voter enters any one of them at any 
one time. In the city of Wilmington it shall be the duty of 
the Department of Hledlions to seledl the voting place in each 
eledlion district within the city and to provide the room in 
which the election is to be held and to protect the same with 
the required railing or rope and to construct therein the neces¬ 
sary number of booths and to do all other things required to 
be done by the inspectors of election outside of the city of 
Wilmington in and about the furnishing and fitting up of 
said room. 

Section 2. Each of the political, parties may seledl 
and accredit some suitable person as a challenger to stand 
without the door or entrance of the room in which the elec¬ 
tion is to be held, and by the side of the passage hereinbe¬ 
fore provided for; and in case of failure of any or all of the 
political parties to seledl such person or persons as chal¬ 
lenger or challengers it shall be the duty of the inspedtor 
and judges to make such seledlion or seledtions, provided 
that the challengers may be changed and their places filled 
in like manner during the day. 

Section 3. A political party within the meaning of this 
adl shall be an organization of bonafide citizens and voters 
of any county in this State, which shall by means of a con¬ 
vention, primary eledtion or otherwise, nominate candidates 
for public offices to be filled by the people at any general or 
special eledtion within the State. No organization shall be 
regarded as a political party that does not represent at least 


LAWS OF DELAWARE. 


3 


OF ELECTIONS. 

one hundred bonafide citizens and voters of the county in 
which it exists. If the Clerk of the Peace should have anycierkof 
doubt as to the sufficiency of the number of bonafide voters ma/demlnd 
represented by any organization in any county, he may de- organ£uo°n 
mand a certificate of twenty-five voters belonging to such an 
•organization as to that fadt. 

Section 4. The Clerks of the Peace for the several cierksof 
counties shall cause to be printed on the ballots, herein pro- pHntbaUots. 
vided for, the names of the candidates nominated by the 
parties recognized by them as political parties within the 
meaning of this adt. The nomination of the candidates for Nomination 
the office of Governor, Representatives in Congress and JfedtoTieik 
Presidential Electors shall be certified to the several Clerks ofthe Peace - 
■of the Peace by the presiding officer and secretary of the 
several State party conventions or committees, and the 
nominations of the candidates for the county, hundred and 
district offices shall be certified to the respective Clerks of 
the Peace of the county in and for which such nominations 
have been made by the presiding officer and secretary of the 
proper party convention or committee. The certificate shall Form ofcer- 
be in writing and shall contain the name of each person 
nominated, his residence and the office for which he is nom¬ 
inated. The persons making such certificate shall add to 
their signatures their respective places of residence and shall 
acknowledge said certificate before an officer duly authorized 
to take acknowledgments of deeds, and a certificate of such 
acknowledgment shall be affixed to the instrument. 

The certificate shall also designate a title for the party ^ o e J^ a n ^ te 
which such convention or committee represents together with Jf c ^ f or a ? t e y 
any simple figure or device by which its list of candidates may vc 
be designated on the ballot. Provided that the figure or title 
or device selected and designated by the State convention or 
committee of any party shall be used by that party through¬ 
out the State; only one figure or device shall be used by a 
party at any election. The same title, figure or device shall p '^ c r e e s s 
not be used by more than one party, and the party first cer- parties, 
tifying a name, title, figure or device to the Clerks of the 
Peace shall have the prior right to use the same. Such whatfig 
figure or device may be the figure of a star, an eagle, a plow, 
or some such appropriate symbol, but the coat of arms or used, 
seal of the State, or of the United States, or the flag of the W hatshaii 
United States, shall not be used as such figure or device. not be used. 


4 


LAWS OF DELAWARE. 


Death, re¬ 
signation or 
removal of 
candidates. 

In case of 
division and 
factions in 
parties, who 
shall use 
party figure 
or device. 


How de¬ 
cided. 


Clerk of the 
Peace to pre¬ 
serve all cer¬ 
tificates of 
nominations 


Time of 
filing certifi¬ 
cates of 
nominations 


OF ELECTIONS. 

In case of death, resignation or removal of any candidate 
subsequent to nomination a supplemental certificate of nom¬ 
ination may be filed by the proper officers of the State, 
county, district or hundred committees. In case of a divi¬ 
sion in any party and claim by two or more factions to the 
same party name or title, figure or device, if the division oc¬ 
curs at a State convention, or extends throughout the State, 
the Clerks of the Peace of the several counties shall, tvithin 
ten days after any one of them has received the certificates 
of the contending factions, assemble in the office of the 
Clerk of the Peace at Dover and determine which faction the 
name, title or figure properly belongs to, giving the preference 
to the convention held at the time and place designated in 
the call of the regularly constituted party authorities; and if 
within five days thereafter the other faction shall present no 
other party name or title, figure or device and certify the same 
to the Clerks of the Peace the latter shall again immediately 
assemble and seleCt some suitable title figure or device for 
said fadlion and the same shall be placed above the list of 
their candidates on the ballots. If the certificate of the con¬ 
tending factions shall not be received by the Clerks of the 
Peace in time for them to assemble at Dover before publish¬ 
ing the device and list of candidates in the newspapers, then 
and in that case each Clerk of the Peace shall determine for 
himself which faCtion shall be entitled to the name, title, 
figure or device and shall select a name, title, figure or device 
for the other faction. Provided that in case of division in 
any party extending only throughout a county, district or 
hundred, the Clerk of the Peace of the County in which such 
division occurs upon the receipt of certificates from the 
contending factions shall determine which faCtion is entitled 
to the party name, figure or device and to have their nomi¬ 
nations printed in the proper party column, and should the 
other faction fail to do so the Clerk of the Peace shall seleCt 
for them a name or title, figure or device. 

Section 5. The Clerks of the Peace of the several 
counties shall cause to be preserved in their respective offices 
all certificates of nominations filed under the provisions of 
this aCt for six months after the date of the filing thereof. 

Section 6. Certificates of nominations herein direded 
to be filed with the Clerks of the Peace shall be filed not less 
than twenty days before the day fixed by law for the elec¬ 
tion of the persons in nomination. 


LAWS OF DELAWARE. 


5 


OF ELECTIONS. 

Section 7. At least ten days before an election to fill Publication 
any public office the Clerk of the Peace of each county shall dois mina * 
cause to be published in at least two newspapers within his 
county the nominations to office certified to him as dire6led 
in Section 4. He shall make no less than two publications 
in each of such newspapers before election. Such publica- in what 
tions shall be made in two newspapers representing the two pubSed^ 
principal political parties. Provided , that in all cities where 
a daily newspaper is published such notice shall also be pub¬ 
lished in two daily papers representing such political parties, 
if such there be. The lists of nominations published by theAn-ange- 
Clerk of the Peace shall be arranged as far a practicable in inations for 
the order and form in which they will be printed upon the P llbl,catlon - 
ballots and shall designate the devices under which the lists 
of candidates of each party will be printed. The Clerk of What nomi- 
the Peace shall not include in the publication to be made ac -11 ixcLded 
cording to this section the name of any candidate whose cer- cTXand* 
tificate of nomination shall have been filed in his office whof'J^ 6 
shall have notified him in writing duly signed and acknowl¬ 
edged that he will not accept the nomination. The names 
of such candidates shall not be included in the names of 
the candidates to be printed on the ballot as hereinafter 
provided. 

Section 8 . The Clerk of the Peace in each county shall ^ e a r c k e s t 0 0 fthe 
cause the names of all candidates to be voted for in his prim ballots, 
county and the several hundreds or distridls in the same to 
be printed in parallel columns on one ballot, all nominations 
of any party being placed under the title and device of such 
party as designated by its authorized agent or agents in the 
certificate or certificates; or if none be designated under some 
suitable title and device to be selected by the Clerk of the 
Peace. The ballots shall be of uniform size and of the same Size « for . m > 

# . style and 

quality and color of paper and sufficiently thick that the color of bal- 
printing cannot be distinguished from the back. The ots ' 
arrangement of the ballot shall in general conform as nearly 
as possible to the plan hereinafter given and the device 
named and chosen and the list of candidates of the Demo¬ 
cratic party shall be placed in the first column on the left 
hand side of said ballot; of the Republican party in the 
second column and of any other party in such order as the 
Clerk of the Peace shall decide. 


6 


LAWS OF DELAWARE. 


OF ELECTIONS. 


Arrange¬ 
ment of bal 
lots. 


*.* 

Device. 

*.* 

: dem. : 

Democratic 

: rep. : 


Ticket. 




: dem. : 

For Governor: 

A. B. 

: rep. : 


For Representative 
in Congress: 


*.* 

: dem. : 

*.# 

'^•••***** 4 » 

: rep. : 

C. D. 


Device. 

Republican 

Ticket. 

For Governor: 

E. F. 

For Representative 
in Congress: 

G. H. 


Death, re- Section 9. In case of the death, removal or resignation 
signation of of any candidate after the printing of such ballots and before 
after'print- such eledtion, it shall be lawful for the chairman of the State,, 
ingof ballots county, hundred or district political organization by which 
such candidate was nominated to make a nomination to fill 
such vacancy and to provide the election officers of each 
election district in which such candidate is to be voted for 
New nomin- with a number of pasters containing only the name of such 
tSs”ct p c as " candidate at least equal to the number of ballots provided for 
each election district, but no pasters shall be given to or 
received by any one except such election officers and such 
Duty of chairman, and it shall be the duty of the clerks of election 

election in to put one of such pasters in a careful and proper manner 
pastfrs^ 11 and in the proper place in each ballot before they shall sign 
their initials thereon. 


printer of Section io. If the printer of such ballots or any person 
low no bai- employed in printing the same shall give or deliver or 
taken°ou e t, knowingly permit to be taken any of said ballots by any 
nor to print person other than the Clerk of the Peace for whom such 

in any other p . ....... 

form. ballots are being printed or shall print, or cause or permit to 
be printed any ballot in any other form than the one pre¬ 
scribed by this adl or with any other names thereon than 
those authorized by the Clerk of the Peace or with the 
names spelled or the names or devices thereon arranged in 
any other way than that authorized and diredled by the said 
Clerk of the Peace, he shall be guilty of a misdemeanor and 
Penalty, on convidtion thereof shall be fined not less than one hun¬ 
dred dollars nor more than five hundred dollars, or be im¬ 
prisoned in the county jail not less than one nor more than 
five years or both at the discretion of the Court. 

“o 0f be Section ii. The Clerk of the Peace in each county 
printed. shall cause to be printed within the State of Delaware in the 










LAWS OF DELAWARE. 


7 


OF ELECTIONS. 

form hereinbefore provided four ballots for everv voter in 
each hundred or eledtion distridl in his county, and the 
number of voters shall be ascertained in each hundred or Number of 
eledtion district by reference to the highest number of votes ascertained 
polled therein at any preceeding election with due allow¬ 
ance for any estimated increase thereof. If a new election 
district has been established in his county the number 
shall be estimated by said Clerk of the Peace according to 
the best information he can obtain. 

The Clerk of the Peace shall cause the ballots for each Packages of 
hundred or eledtion distridl to be carefully wrapped and tied baIlots ' 
in two packages each containing the same number of ballots, 
which packages shall be plainly marked and securely sealed 
with wax. 

The Clerk of the Peace in each county shall also provide stamp, 
and enclose in each of said sealed packages one stamp for 
every three hundred ballots contained in the package, bear¬ 
ing a (&) or such other device as he may seledt together with 
ink pads or other necessary apparatus ready for use. 

Section 12. It shall be the duty of each inspector of Duty of in- 
election outside of the city of Wilmington to appear at the ekcSont^ 
office of the Clerk of the Peace of his county on the day app c e e a ^ tthe 
preceding the eledtion before the hour of three o’clock in the cierk of the 

a. o ^ ^ 1 cjicc to re- 

afternoon and the Clerk of the Peace shall deliver to him one ceive ballots 
of the sealed packages of ballots and stamps for his hundred f 0 n r e da Jeaion 
or eledtion distridl and the said inspedtor shall safely keep To keep safe 
the said package and produce the same at the place of elec¬ 
tion and at the time of the opening of the eledtion, provided , 
however, that in case there shall be a vacancy in the office of Failure of 
any inspedtor on the day preceding the eledtion or any in- to call for 
spedtor for any cause shall not apply to the proper Clerk cierkof the 
of the Peace for the package of tickets printed for his hun-^ a ^ o tode ‘ 
dred or eledtion district by the hour of three o’clock in the whom, 
afternoon of the day preceding the eledtion the said Clerk of 
the Peace shall deliver said package to some trusty person 
who shall deliver it on the day of the eledtion to the inspedtor 
of eledtion of such hundred or eledtion distridl at the place 
of. eledtion and immediately upon the qualification of the 
eledtion officers. 

In the city of Wilmington it shall be the duty of theTo^whom^ 
President of the Department of Eledtions or in case he can-wedm 
not attend some other member of the Department of Elec- Wilmington. 


8 


LAWS OF DELAWARE. 


OF ELECTIONS. 

tions authorized in writing by the President of the Depart¬ 
ment of Eledlions to appear at the office of the Clerk of the 
Peace of New Castle county on the day preceding each 
eledtion on or before the hour of three o'clock in the after¬ 
noon and the said Clerk of the Peace shall deliver to him 
one of the sealed packages and stamps for each eledlion dis- 
tridt in the city of Wilmington. And the said department 
of eledlions shall safely keep the same and deliver to each 
board of election officers at the polling place on the day of 
the eledtion at the time provided by law for the delivery of 
the ballot boxes the ballots intended for their several and 
respective districts. 

Penah y of_ Section 13. Any inspedtor or any other election officer 
cero^Sther or any other person whatever who shall break any package 
breaking containing ballots and stamps or take any ballot therefrom, 
containing or suffer the same to be done by another, before the opening 
ballots, e tc., of the election shall be deemed guilty of a misdemeanor and 
ing°of e°kc- n " upon conviction thereof by indictment shall be fined not less 
than three hundred dollars nor more than five hundred 
dollars and may at the discretion of the court be imprisoned 
for a term not less than one year nor more than two years. 


LogordifS- SECTION 14. If by any accident or casualty the ballots 
ballots!* ° delivered to any inspedtor or other person by any Clerk of 
the Peace shall be lost or destroyed it shall be the duty of 
such person having such packages in his custody to report 
the loss at once to the Clerk of the Peace from whom the 
same were obtained and make affidavit of the circumstances 
New supply of the loss whereupon such Clerk of the Peace shall at once 
of ballots, re-supply such person. In case such person having in cus¬ 
tody said package fails or refuses to report and make proof 
of the loss, any qualified elector may do so, and thereupon 
such Clerk of the Peace shall at once send a new supply by 

tion office 60 ’ some trust y P erson as provided in other cases. In case, for 
find no bai- any reason, there should be found no ballots or other necessary 
o°fvot r ing e l , t 1s means or contrivances for voting, at the opening of the elec- 
eiedtion. tion it shall be the duty of the eledtion officers at such 
eledtion place to secure the same as speedily as possible, and, 
if necessary, such election officers shall have ballots printed 
Proviso. or written; provided , however , that such ballots shall conform 
as nearly as possible to the official ballots and the printing 
and the preparation and the care of the same shall be under 
the same provisions and penalties as the printing and the 
care of the other ballots prescribed in this adt. 


LAWS OF DELAWARE. 


9 


OF ELECTIONS. 

Section 15. At the opening of the election, after the Opening of 
qualification of the several officers and in the presence of bafiots ge of 
the others the inspector or the chairman of the board of 
inspectors shall open the package of ballots in such a 
manner as to preserve the seals intaCt. He shall then 
deliver to the clerk of the election of the opposite political 
party from his own, twenty-five of the ballots and to the 
other clerk of the election the stamps for marking the 
ballots. The clerks of the election shall at once proceed Duty of 
to write their initials, in ink, on the lower left hand corner t\ta\ on. 
of the back of each of the said ballots, in their ordinary 
handwriting, and without any distinguishing mark of any 
kind. As each successive eleCtor calls for a ballot the 
clerk of the election having the custody of the ballots 
shall deliver to him the first signed of the twenty-five 
ballots, and the inspector shall immediatelv deliver to the Delivery of 
said clerk of the election another ballot which the clerks hallots ' 
of the election shall at once countersign, as before, and 
add to the ballots already countersigned, so that it shall be 
delivered for voting after all of those theretofore counter¬ 
signed. 

Section 16. The Clerk of the Peace of each county Instructions 
shall cause to be printed in large type on cards, in English and for voting ' 
such other language as he may deem necessary, instruc- # 
tions for the guidance of electors in preparing their ballots. 

He shall furnish twelve of such cards in each of the lan¬ 
guages determined upon by him to each of the election 
inspectors at the same time he delivers to him the ballots 
for his hundred or election district. Each inspector shall inspectors to 
cause to be posted one of each of said cards in each place posted, 
or compartment provided for the preparation of ballots, and 
one of each kind of such cards at or near to the outer end 
of the enclosure leading to the polling place, and not 
nearer than thirty feet of the polling place, and not less 
than three of each of such cards, and three samples of each 
of the ballots in and about the polling place at the open¬ 
ing of the polls on the day of election, which sample 
ballots shall be printed on different colored paper than the 
genuine ballots. Said cards shall contain full instructions Form of 
to the voters as to what must be done: First, to obtain struftion. 
ballots for voting; second, to prepare the ballots for voting; 
third, to obtain a new ballot in place of one accidentally de¬ 
faced, mutilated or spoiled, also copies of SeCtions 24, 32, 33, 

34 and 35 of this aCt. 


IO 


LAWS OF DELAWARE. 


Challengers, 
where to 
stand. 


No other 
persons, ex¬ 
cept to vote, 
to be within 
30 feet of en¬ 
trance. 


Challengers. 


Voters’ 

assistants. 


Duty of 
voters’ assis 
tants. 


Oath. 


Admission 
of voter to 
election 
room. 

Number of 
voters ad¬ 
mitted to 
election 
room. 

Ballot and 
stamp, by 
whom de? 
livered. 


Duties of 
voter. 

Preparing 

ballot. 


OF ELECTIONS. 

Section 17. One challenger appointed and designated 
by each political party as hereinbefore provided shall be 
entitled to stand at the side of the passage and near the 
entrance to the room. No other person shall remain 
within thirty feet of said entrance except for the purpose 
of offering his vote, and voters shall approach and enter 
the passage in the order in which they appear for the 
purpose of voting. If any person offering to vote shall be 
challenged by one of such challengers or by any one of the 
election officers his right to vote shall be at once deter¬ 
mined by the proper officers and if his vote‘is refused he 
shall immediately stand aside and give place to the person 
next in line and retire without delay from within the thirty 
feet space around the entrance to the room. 

Section 18. Before opening the election the inspector 
and judges of each hundred or election district shall select 
an honest and capable man from each of the two principal 
political parties. who shall occupy a place within the 
room where the election is being held assigned to them by 
the inspector and judges. It shall be their duty when 
called upon to assist any voter in the preparation of his 
ballot when from any cause he is unable to do so and to 
assist any other voter in changing or altering his ballot 
who cannot read and write or cannot do either in the man¬ 
ner hereinafter prescribed. The persons so chosen shall be 
called the voters’ assistants, and shall be deemed to be elec¬ 
tion officers, and such persons before entering upon their 
duties shall take the oath hereinafter prescribed, the said 
oath to be administered by the inspector. 

Section 19. When a voter shall have been passed by the 
challengers he shall be admitted to the election room. Pro¬ 
vided, however , that there shall not be in the room at any one 
time more than one voter for each booth therein. On entering 
the room the voter shall announce his name to the clerks of 
election who shall register it. The clerk holding the ballots 
shall deliver to him one ballot and the other clerk shall 
deliver to him a stamp and both the voters’ assistants, on re¬ 
quest, shall give explanation of the manner of voting; if 
deemed necessary, by unanimous consent of the election 
officers an interpreter may be called. The voter shall then, 
and without leaving the room, go alone into any of the booths 
which may be unoccupied and indicate the candidates for 
whom he desires to vote by stamping the square immediately 


LAWS OF DELAWARE. 


I I 


OF ELECTIONS. 

preceding their names: Provided , however , that if he shall Proviso, 
desire to vote for all candidates of one party and none other, 
he may place the stamp on the scpiare preceding the title 
under which the candidates of such party are printed, and 
the vote shall then be counted for all the candidates under 
that title, unless the names of one or more candidates under 
another title shall also be stamped, in which case the names 
of the candidates so stamped shall be counted. Any voter Erasures, 
while in the booth may erase the name of any candidate and 
substitute the name of any person in any column of the 
ballot which shall stand in lieu of the original name. Such Alterations 
alterations and changes in the printed ballot shall be made How made, 
by pen and ink only. Before leaving the booth or com- Ballots; how 
partinent the voter shall fold his ballot so that no part of the ol ed ' 
face thereof shall be exposed and so that the initials of the 
clerks of the election shall be exposed, and on leaving the 
booth or compartment shall return the stamp to the clerk of 
the election and deliver the ballot to the inspector or to the 
judge who may temporarily be authorized to a6t for the in¬ 
spector who shall forthwith in the presence of the voter and how de- 

a ^ nositen 

of the other election officers deposit the same in the ballot 
box; and the clerks of the election shall write the word Duty or 
“voted” after the name of the voter on the poll list: Pro- Vrov{so 
vided , however , that if any eleCtor shall show his ballot, or 
any part thereof to any other person after the same shall what ballots 
have been marked, so as to disclose any of the candidates deposited, 
voted for, such ballot shall not be deposited in the ballot box. 

A minute of such occurrence shall be made on the poll list 
and such person shall not be allowed to vote thereafter. The 
voter shall immediately after voting leave the room and upon 
his refusal to do so maybe ejected therefrom, but no voter No voter to 
to whom a ballot and stamp, or either, have been delivered room with 
shall be permitted to leave the room without voting the s b ^ 1 J n °J and 
ballot or returning it to the clerk of the election or without 
returning the stamp to the clerk of the election from whom 
he received it. Any voter who shall attempt to leave the to be 
room with the ballot or stamp in his possession shall be at‘ uieste ' 
once arrested on demand of an election officer. 

Section 20. Not more than one person shall be permitted Number of 
to occupy any booth at one time; and no person shall remain room at one 
in or occupy a booth longer than may be necessary to prepare tlme - 
his ballot, and in no event longer than three minutes. No 
more than one person for each booth in the room other than 
the election officers shall be permitted to enter or be in the 


LAWS OF DELAWARE. 


I 2 

OF ELECTIONS. 

Time for election room at any one time, and no voter or person offer¬ 
ing- to vote shall hold any conversation or communicate 
Conversa- with any other person than an election officer while in the 

tion. , . J 1 

election room. 


mutuamcT Section 21. Any person who shall by accident or mis- 
blSiots. 6 take, spoil, deface, or mutilate his ballot may, on returning 
the same to the clerks of the election and satisfying them 
that such spoiling defacing or mutilation was not inten¬ 
tional, receive another in place thereof, and such clerk 
shall make a minute of the facts on the poll lists at the 
time, and the mutilated ballot shall then be destroyed by the 
elector in the presence of the election officers. 


voters’ as- Section 22. Anv elector who declares that by reason of 
prepare bai- physical disability or inability either to read or write, or both, 
when. tc he is unable to mark or alter his ballot, may call to his 
assistance the voters’ assistants who, in the presence of the 
elector and in the presence of each other, shall prepare 
the ballot for voting in the manner hereinbefore provided, 
and on request shall read over to such elector the names 
of the candidates as marked or written. Any one making 
Penalty for a false declaration under the provisions of this section shall 
ation. ^ upon conviction be fined in any sum not exceeding one 
Penalty for hundred dollars, and any voters’ assistant who shall deceive 

assistant dc* ' ^ 

ceiving voter any elector in selecting and marking any ballot, or mark 
the same in any other way than is requested by said elector 
shall be guilty of a misdemeanor and, on conviction, shall 
be fined not less than two hundred dollars nor more than 
five hundred dollars and may at the discretion of the court 
be imprisoned for a term not exceeding five years. 


iStsnotde- Section 23. No inspector of election, or judge aCting 
posited. for the inspector, shall deposit any ballot upon which the 
initials of the clerks of the election as hereinbefore provided 
for does not appear or any ballot on which appears ex¬ 
ternally any distinguishing mark, defacement or mutilation. 


Penalty for 

attempting Section 24. Any person who shall remove or attempt to 
baUotToT remove a ballot or stamp from the election room, or have in 
his possession outside of the election room any ballot or 
baiiot S o? ny stam p, either genuine or counterfeit, during the election, 
stamp out- shall be guilty of a misdemeaner, and, on conviction thereof 
room. by indiUment, shall be fined not less than two hundred 


LAWS OF DELAWARE. 


13 


OF ELECTIONS. 

dollars and not more than five hundred dollars or may be 
imprisoned for a term not exceeding two years and not less 
than one. 

Section 25. That the eledlion officers, including the Oaths of 
voters’ assistants, before entering upon the duties of their officers" 
office shall each take an oath that he will not disclose the 
name of any voter who may change or alter his ballot or for 
whom he voted or how he marked his ballot; that he will 
not in any manner attempt to influence, intimidate, per¬ 
suade, bribe or coerce any voter in the marking of his ballot 
or in the making of the choice of the person or persons for 
whom he votes, and any eledlion officer or voters’ assistant 
who shall violate his oath in any of these particulars shall be 
guilty of willful and deliberate perjury and upon convidlion Violation of 
thereof by indidlment he shall in addition to the penalties penalty, 
and disabilities annexed to such crime be fined not more 
than five hundred dollars and may at the discretion of the * 
court be imprisoned not exceeding two years. 

Section 26. That the Governor be and he is lierebv Governor to 
authorized and empowered to appoint three commissioners commi- 3 
for each of the counties of this State, one of whom in each ekchSunty. 
county shall be a member of a political party opposite to the 
one of which the other two are members. It shall be the Duties of 
duty of said commissioners within a reasonable time after sio™eTs. s ~ 
their appointment to ascertain as nearly as possible the num¬ 
ber of legal voters in each of the hundreds and eledlion 
distridls in their respedlive counties, outside of the city of 
Wilmington, and if they shall be satisfied that the voters of 
any one hundred or eledlion distridl will not be able to con¬ 
veniently vote therein at the next succeeding eledlion then 
the commissioners of the county in which such hundred or 
eledlion distridl is located shall divide it into two or more 
eledlion distridls and shall establish the boundaries thereof. 

They shall also designate the place of holding the eledlion Place of vot- 
in each of the said newly established eledlion distridls and K^dls- 
secure the room for the holding of the same. They shall tr,as - 
also designate each of said distridls by appropriate titles or 
distinctions. The inspedlor of such hundred or eledlion 
distridl shall be the inspedlor of the distridl established by 
the division aforesaid in which he may reside at the time of 
the said division and the said commissioners shall appoint 
for the other newly established distridl or distridls an inspec-1 nspedlors. 
tor or inspedlors from the party to which the other in- 


i4 


LAWS OF DELAWARE. 


OF ELECTIONS. 


Perfoim- spector belongs. The duties herein imposed upon the 
dutL^ commissioners aforesaid shall be performed by the first day 
time| nwhat of March, A. D. 1892, and a report of their proceedings 
certified to the Clerk of the Peace of the proper county. 
The election districts so established and certified by the 
Commissioners shall be election distribts of the respebtive 
counties and shall remain such until altered or changed by 
law and all the laws applicable to the eledtion distridls shall 
be applicable to them. 


What ballots 
not counted. 


Pro^so. 

Disputed 
ballots to be 
preserved. 


Memoranda 


Remaining 
ballots de¬ 
stroyed, how 


Section 27. In the counting of the votes any ballot 
which is not endorsed with the initials of the clerks of the 
eledtion as provided in this adt, and any ballot which shall 
bear any distinguishing mark shall be void and shall not be 
counted, and any ballot or part of a ballot from which it is 
impossible to determine the debtor’s choice of candidates 
shall not be counted as to the candidate or candidates affebted 
thereby; provided , however, that such ballots and all dis¬ 
puted ballots shall be preserved by the inspebtor and at the 
close of the count placed with the seals of the ballot 
packages in the box into which the ballots shall have been 
put when read. The eledtion officers shall also record on 
the tally list memoranda of such ballots and the condition 
of the seal of the ballot packages; and in any contest of 
eledtion such ballot and seals may be submitted in evi¬ 
dence. Immediately on closing the polls all the ballots 
remaining unvoted or unused shall be counted and de¬ 
stroyed by the eledtion officers of the several hundreds or 
eleblion districts by totally consuming by fire, and the elec¬ 
tion officers shall certify the number of ballots so destroyed 
by them on the respebtive tally lists. 


Peace* fo de- The several Clerks of the Peace shall preserve the ballots 
stro y vb aii ° ts left over in their hands after supplying the hundreds and 
eledtion distribts, as hereinbefore provided, until six o’clock 
P. M. of the day of eledtion, and shall then count and de¬ 
stroy, by totally consuming by fire, all of such ballots but 
one, which he shall preserve in his office as a record to¬ 
gether with his certificate of the number of ballots counted 
and destroyed by him. 


regiela y o f r Section 28. If any Clerk of the Peace or his clerk or 
cimkofihe any one a< ^ n g f° r him shall neglebt or refuse to have the 
Peace to per- ballots and stamps printed and prepared according to the 
diuiesunder provisions of this adt, or shall neglect or refuse to deliver 
this a «a. them in time to the parties properly entitled to receive 


LAWS OF DELAWARE. 


15 


OF ELECTIONS. 

them, or shall neglect or refuse to do or perforin any other 
duty in and about the preparation and distribution of the 
ballots and stamps required to be done and performed by 
him by the provisions of this aCt, he shall be deemed guilty 
of a misdemeanor and shall be fined not less than one nor 
more than five thousand dollars and he may in the discretion 
of the Court be imprisoned for not less than one nor more 
than five years. 

Section 29. If any person being an election officer or 
a voters’ assistant shall reveal to any person how any 
elector has voted or what person or persons were voted for 
by him on any ballot or give any information concerning 
the appearance of any ballot voted, such person or persons 
so offending shall be guilty of a misdemeanor and on con¬ 
viction thereof by indictment shall be fined not more than 
five hundred dollars and shall be imprisoned not less than 
two years and not more than five years. 

Section 30. Any person who shall falsely make or 
fraudulently deface or fraudulently destroy any certificate of 
nomination, or any part thereof; or file any certificate of 
nomination knowing the same or any part thereof to be 
falsely made; or suppress any certificate of nomination 
which has been duly filed or any part thereof; or forge or 
falsely make the official indorsement of any ballot; or print 
or cause to be printed any imitation ballot or circulate the 
same; or conspire with others to do any of said aCts, or 
induce or attempt to induce any other person to do any of 
said aCts whether or not said adfs or any of them be com¬ 
mitted or attempted to be[ committed, shall be deemed guilty 
of a misdemeanor and upon conviction thereof shall be 
fined not less than one hundred nor more than five hundred 
dollars or imprisoned in the discretion of the court not more 
than five years. 

Section 31. If any Clerk of the Peace, inspector of 
election, clerk of election or judge of elections or trusty 
person or voters’ assistant shall willfully violate any of the 
provisions of this aCt in the performance of any duty herein 
imposed upon him for the violation of which no other pun¬ 
ishment is herein provided he shall be deemed guilty of a 
misdemeanor and upon conviction thereof shall be fined not 
less than three nor more than five hundred dollars and may 
in the discretion of the court be imprisoned for a term not 
exceeding three years. 


Penalty for 
election offi¬ 
cers or vot¬ 
ers’ assis¬ 
tants reveal¬ 
ing certain 
knowledge. 


Penalty for 
falsely or 
fraudulently 
destroying, 
etc., any 
certificate of 
nominations 


Penalty for 
violation of 
any provis¬ 
ions of this 
a 61 . 


16 


LAWS OF DELAWARE. 


OF ELECTIONS. 

Duty of Section 32. The Sheriff shall make the ballot boxes 
and the tally lists and all other papers to be delivered to 
the several inspectors conform to the requirements of this 
compensa- adt. The inspedtor or the trusty person for his services in 
spSjforo'r receiving and delivering at the place of holding the election 
son S . typer " as aforesaid the packages containing the ballots and stamps 
shall receive two dollars. 

Penalty for Section 33. If any person not herein authorized so to do 
attempting shall enter or attempt to enter the election room, or enter or 
don^oom^r attempt to enter within the railing leading to the entrance of 
tr a iry S to C °this the eledtioii room, or shall remain within thirty feet of the 
polling place contrary to the provisions hereinbefore made, 
he shall be guilty of a misdemeanor and on convidtion 
thereof be fined not more than two hundred dollars. 

Distinguish- Section 34. If any person shall induce or attempt to 
St?" induce any eledtor to write, paste or otherwise place on his 
making. <or ballot the name of any person or any sign or device of any 
kind as a distinguishing mark by which to indicate to any 
other person how such eledtor has voted, or shall enter into 
or attempt to form any agreement or conspiracy with any 
other person to induce or attempt to induce eledtors or any 
eledtors to so place any distinguishing mark or name on his 
ballot whether or not said adt be committed or attempted to 
be committed, such -person so offending shall be guilty of a 
misdemeanor and on convibtion be imprisoned for not ex¬ 
ceeding two years. 

Inducing r Section 35. If any person shall induce or attempt to 
cers to vio- induce any eledtion officer to violate any of the provisions 
vi5oM e o r ro * of this adt whether or not such eledtion officer shall 
this adt. violate or attempt to violate any of the provisions of this adt, 

such person so offending shall be guilty of a misdemeanor 
and on convidtion shall be imprisoned for a term not exceed- 
Dutyof ing five years. It shall be the duty of each inspedtor to 
inspector, ^istindtly rea d tlii S and the preceding sedtion to the eledtion 
officers at the opening of the polls and each member thereof 
Oath of elec- shall thereupon take an oath that he has not violated and 
will not violate the provisions of said sections. 

tea'rhlgdovn Section 36. Any person who shall during the eledtion 
or destroy- remove or destroy any of the supplies or other conveniences 
ences at vot- placed in the booths as aforesaid or delivered to the voter for 
the purpose of enabling the voter to prepare his ballot, or 
shall during an eledtion remove, tear down or deface the 


LAWS OF DELAWARE. 


17 


OF ELECTIONS. 


cards printed for the instruction of the voters, or shall, during 
an election destroy or remove any booth, railing or other 
convenience provided for such election, or shall induce or at¬ 
tempt to induce any person to commit any of such adts 
whether or not any such adts are committed or attempted to 
be committed, shall be guilty of a misdemeanor, and on con- 
vidtion shall be punished by imprisonment for not less than 
six months nor more than one year. 


Section vj . The commissioners for dividing the hun- Compensa- 

o / o tion 01 Com- 

dreds or eledfion distridts shall receive two dollars per day for missioners. 
actual services rendered by them; provided that no commis- Proviso, 
sioner shall receive more than the sum of twenty-five dollars. 

The fees of the commissioners and all necessary costs and Expenses 
expenses incurred by the inspector and Clerks of the Peace ho ' v paid ‘ 
in carrying into effect the provisions of this a6t shall be paid 
as other county expenses are paid. 

Section 38. This adt shall apply to all municipal elec-To what 
tions held in the city of Wilmington except the eledtion to provisions of 
be held on the sixth day of June, A. D. 1891, but it shall not jJ™> adU P- 
apply to the special eledtion to be held on the third Tuesday 
in May, A. D. 1891, nor to the eledtiou for members of the 
Board of Education in the city of Wilmington.' 


Section 39. All adts or parts 
this adt are hereby repealed. 


of acts inconsistent with inconsistent 

acts repealed 


Passed at Dover , May 15, 1891. 


LAWS OF DELAWARE-VOL. XIX. 


CHAPTER 38. 


OF ELECTIONS. 

AN ACT providing for the Registration of Voters. 

Be it enabled by the Senate and House of Representatives 
of the State of Delaware in General Assembly met: 

Quaiifka- Section i. In all eledtions for Governor, Senators, 
voters’ it Representatives, Sheriffs, Coroners, or any other county or 

tKmT" al ^ ec " State officers, of Representatives in Congress, or of Electors 
of President and Vice President, every male citizen of the 
age of twenty-two years and upwards, having resided in the 
State one year next before the election, and the last month 
thereof in the county where he offers to vote, and having 
within two years next before the election paid a county tax 
which shall have been assessed at least six months before the 
election, shall enjoy the right of an eleCtor; and every male 
citizen of the age of twenty-one years, and under the age of 
twenty-two years, having resided as aforesaid, shall be 
Proviso, entitled to vote without payment of any tax; provided , that 
no person in the military, naval or marine service of the 
United States shall be considered as acquiring a residence 
in this State by being stationed in any garrison, barrack, or 
military or naval station within this State; and no idiot or 
insane person, pauper, or person conviCted of a crime 
deemed by law felony, shall enjoy the right of an eleCtor. 

Governor to Section 2. That for the purpose of preventing fraud at 
RegSarfor such elections and facilitating the ascertainment of those 
dred o?eiec- w h° are duly qualified electors, according to the constitution 
tion disma. and laws of the State, the Governor shall, at least six 
months before every general election, appoint in each 
hundred, or election district where a hundred is divided into 
two or more election districts, in this State (outside the city 
of Wilmington) one capable person, who shall be a voter and 
resident in the district for which he shall be appointed, to be 
Term of Registrar for the said hundred or election district. The 
terms of office of such Registrars shall begin on the third 
Tuesday of May next after their appointment and shall con¬ 
tinue for two years thereafter, or until their successors shall 
be duly chosen and qualified. 



LAWS OF DELAWARE. 


19 


OF ELECTIONS. 

It shall also be the duty of the Governor, when appointing Alternate 
Registrars for the several hundreds or election districts of Resistrars - 
this State (outside the city of Wilmington), at the same time 
to appoint in each hundred or election district in the State 
(outside the city of Wilmington) one capable person, who 
shall be a voter and resident in the hundred or election 
distridl for which he shall be appointed, to be Alternate 
Registrar for the said hundred or eledtion distridt. 

The term of office of said Alternate Registrar shall be the Term of 
same as that of the Registrar, and whenever any Registrar ° e ™ C ate f Reg. 
provided for by this adt shall be incapable from any cause istrar - 
whatsoever of performing the duties required of him by this 
adt, the Alternate Registrar in the same hundred or election 
distridt shall act in his stead, and while acting shall possess 
all the powers and do and perform all the duties of a Regis- Powers and 
trar, and make all the appointments hereinafter required to duties- 
be made by the Registrar in certain contingencies. But 
nothing herein contained shall authorize or empower the when Alter- 
Alternate Registrar to adt at any time when there is a Regis- ITarcaS' 
trar of the hundred or eledtion distridt able and willing and a6R 
present to adt. 

If any such Registrar or Alternate Registrar shall remove v acancy by 
from the hundred or eledtion distridt for which he shall be dh^uluhta- 
appointed, or shall cease to be a voter therein, his office shall tion - 
thereupon become vacant; and the Governor shall have 
power at any time to remove from office any Registrar or 
Alternate Registrar for incompetency, or misconduct, or 
because disqualified by sickness from performing the duties 
of his office. 

If any vacancy or vacancies should occur in the office of <^ ernor c to 
Registrar or Alternate Registrar before the expiration of ' acanc> ' 
such term, from any cause whatsoever, the Governor shall 
appoint a suitable person to fill such vacancy or vacancies, 
who shall serve for the residue of such unexpired term, and 
shall be qualified in the same manner, possess the same 
powers and perform the same duties as the original ap¬ 
pointee. 

Each Registrar and Alternate Registrar, before entering path of Reg. 
upon the duties of his office, shall take and subscribe, before Alternate, 
the Clerk of the Peace of the county in which he shall 
reside, the following oath: 


20 


LAWS OF DELAWARE. 


Form of oath 


Time within 
which oath 
is to be taken 


Penalty for 
refusal to 
qualify or 
failure to 
perform the 
duties of 
office. 


Additional 
powers of 
Registrars. 


OF ELECTIONS. 

“I,-, residing in-hundred, 

(or in-election district of- 

hundred), in-county, do solemnly swear (or 

affirm) that I will support the Constitution of the United 
States of America, that I will support the Constitution of 
the State of Delaware, and that I will perform the duties of 

the office of Registrar (or Alternate Registrar) for - 

-hundred (or-election district in 

-hundred), faithfully, honestly, fairly and 

impartially; that I am a citizen of the United States of 
America and of the State of Delaware, and am not and will 
not be a candidate for any office to be voted for by the elec¬ 
tors of the hundred (or eledfion district) for which I am 
appointed Registrar (or Alternate Registrar); and that I am a 
qualified voter in said hundred (or election district).” 

Section 3. Each and every person appointed as afore¬ 
said to act as Registrar or Alternate Registrar shall qualify 
as such Registrar or Alternate Registrar by taking and. 
subscribing the oath prescribed in the preceding sedlion 
within ten days after being notified of said appointment, and 
shall perform the duties of the office for the time for which 
he was appointed, unless he shall become disqualified by 
sickness or otherwise, or be removed from office as hereinbe¬ 
fore provided. But any Registrar or Alternate Registrar, 
who shall be appointed to fill a vacancy, shall qualify forth¬ 
with. And if any Registrar or Alternate Registrar, who being 
dul } 7 appointed, either for a full term or to fill a vacancy, 
shall refuse to qualify as aforesaid, or having qualified, shall 
fail or refuse to perform any of the duties of said office, he 
shall forfeit and pay to the State a fine of one hundred 
dollars, upon convidlion thereof by indidfment in the Court 
of General Sessions of the Peace and Jail Delivery in the 
county where such offense is committed. 

Section 4. Each of the said Registrars shall in addition 
to the other powers hereinafter conferred upon him, have, 
during the respective times of his appointed sittings, the 
powers of a justice of the peace to preserve order and 
enforce obedience to his lawful commands at or around his 
place of registration; to keep access to such place open and 
unobstructed; to prevent and suppress riots, tumult, violence 
and disorder at, around or near to his place of registration, 
tending to intimidation, or to the obstruction of the work of 
registration, or of the revision of the registration, and to 











LAWS OF DELAWARE. 


21 


OF ELECTIONS. 

protect and keep safe the registers or books for the registra¬ 
tion of voters hereinafter referred to while in his custody and 
possession. He may compel the presence of witnesses before 
hirfi, while sitting as Registrar, for all purposes connected 
with the performance of the duties of his office, by sum¬ 
mons and attachment; and shall have power to administer 
oaths and affirmations. He may, while sitting as such 
officer of registration, commit for trial any person commit¬ 
ting, at or around his place of registration, a breach of the 
peace, or any offense forbidden by this act. He shall have 
the power to issue any of said summons, attachments or 
commitments, when sitting in any hundred or election 
district in this State (outside the city offWilmington) to the 
Sheriff of said county or to any constable thereof. All such 
process shall be served by said officers in the same manner 
as if they were issued by a justice of the peace within such 
county. 

The sheriff, or constable, in any county of this State, who an<i 
shall serve any such process shall receive the same fees and fees of. 
in like manner as it is or may be by law provided that he 
shall receive fees in other State cases. But no Registrar Registrars to 
shall charge or receive any compensation for any service compensa- 
rendered in accordance with the provisions of this section in JjJ-J “"afon. 
addition to the compensation or salary provided for in Sec¬ 
tion 18 of this acl. 

Section 5. That it shall be the duty of the Governor to |°°^ s tr ° a f tion 
cause the following books to be prepared, at the expense of 
the State, for the use of the said Registrars, for the registra¬ 
tion of names and facts required by this act, to wit: 

First . Two books for each of said Registrars, to be known Entries,how 
by the general name of Registers, and to be so arranged as arransed - 
to admit of the convenient entry of the following particu¬ 
lars: 

First—The name of the person applying to be registered, 
written in full (or his first Christian name, and also any 
other name by which he is generally known, written in full, 
with the initial or initials of any other name or names which 
he may have in addition thereto); 

Second—His color; 

Third—His age; 

Fourth—The place of his birth; 

Fifth—The place of his residence, of street and number 
if any, and his post-office address; 


22 


LAWS OF DELAWARE. 


Nature ot 
R egisters 


Form of 
Registers. 


“Voting 
Books of 
Qualified 
Voters.” 


OF ELECTIONS. 

Sixth—The time of his residence in the State, county, and 
hundred or election district in which he shall apply to be 
registered; 

Seventh—If naturalized; 

Eighth—If qualified voter; 

Ninth—Date of payment of qualifying tax; 

Tenth—May become a qualified voter by payment of tax, 
or by being naturalized; 

Eleventh—If disqualified; 

Twelfth—Date of application for registration; 

Thirteenth—Remarks explanatory and supplementary. • 

Such Registers shall be uniform in their general character, 
shall be ruled in parallel columns, in which, opposite to the 
name of every applicant shall be entered the words and 
and figures hereinafter provided for, and shall be of such size 
as to contain not less than 1500 names. The ruling and the 
heading in the above described Registers shall be substan¬ 
tially in the form following, to wit: 



Second. Two books for each of said Registrars to be 
known by the name of “Voting Books of Qualified Voters,” 
for alphabetical lists of all persons whose names may be 
entered on the Registers aforesaid as “qualified voters.” 
Said books to be ruled in parallel columns and so arranged 
as to admit of the convenient entry, in alphabetical order, 
of the name of every person who may be entered on the 
Registers aforesaid as a “qualified voter,” and in the parallel 
column opposite the name of such person the following par¬ 
ticulars, to wit: 

First—His residence; * 

Second—His color; 

Third—His age, if to be between the age of twenty-one 
and twenty-two years on the day of the next general election. 














































LAWS OF DELAWARE. 


23 


OF ELECTIONS. 

1 

And Third. Two books for each of said Registrars, to be “Voting 
known by the name of ‘‘Voting Books of Partially Qualified Partially 
Voters,” or alphabetical lists of every person whose namevofers!” 
may be entered on said Registers as one who “may become 
qualified by the payment of tax, or by being naturalized.” 

Said last mentioned books to be ruled in parallel columns 
and so arranged as to admit of the convenient entry, in 
alphabetical order, of the name of every person who may 
be entered on the Registers aforesaid as one who “maybe- 
come qualified by payment of tax, or by being naturalized,” 
and in the parallel columns opposite the name of such person 
the following particulars: 

First—His residence; 

Second—His color. 

Section 6. The Sheriff of each county shall, some time Duty of 
in the month of August in the year of holding the general uvlFmpha- 
eledtion, deliver to the Registrar of each hundred or eledtion andbooiV 
district of his county (outside of the city of Wilmington), 
the alphabetical list of the names of all the male citizens of 
the age of twenty-one years and upwards residing and 
assessed in his hundred or election district, which the said 
sheriffs are now required by Section 3, Chapter 18 of the 
Revised Code to deliver to the inspectors of eledtions, and 
shall at the same time deliver to each of the said Registrars 
two of the books known as Registers, two of the books 
known as “Voting Books of Qualified Voters,” and two of 
the books known as “Voting Books of Partially Qualified 
Voters,” hereinbefore provided for; which said books, ad¬ 
dressed to the Registrar of each hundred or eledtion distridt 
of the county, the Governor shall cause to be delivered to Duty of 
the sheriffs in each of the counties of this State on or before e,overnor ' 
the first Tuesday in August in the year of holding the general 
election. And the said sheriffs, when delivering said list and stamp for 

* * o vise oi Reeis 

books, shall also deliver to the Registrar of each hundred ortrar. 
eledtion distridt in his county (outside the city of Wil¬ 
mington) a stamp of not less than one inch in diameter, so 
arranged that when applied to a tax receipt it will produce 
the word “registered,” the name of the hundred or eledtion 
distridt, and also the day, month and year in letters and 
figu^s, and also shall deliver ink of a suitable kind to be 
used with such stamps. The said stamps shall be so arranged 
that the date may be changed. And the said sheriff shall 
procure said stamps and ink at the expense of the county 


24 


LAWS OF DELAWARE. 


OF ELECTIONS. 


in which lie may be sheriff, to be paid for as hereinafter 
provided. 


~ rs Section 7. Each of the said Registrars, immediately 
books. upon receiving said Registers and “Voting Books of Quali¬ 
fied Voters” and “Voting Books of Partially Qualified 
Voters,” shall endorse upon the back and write at the head 
of each Register and “Voting Book of Qualified Voters” 
and “Voting Book of Partially Qualified Voters,” delivered 
to him as aforesaid, the name of the county and the name of 
the hundred or election distridl of such county of which he is 
Registrar, and of which such books shall respectively be the 
Registers and voting books as aforesaid. 

sittings of Said Registrars shall sit alone for the purpose of ascertain- 
ing and registering the persons who are or may become 
qualified to enjoy the right of an elector at the next general 
election, at such public and suitable places in their re¬ 
spective hundreds or election districts as will, in their 
judgment, be most convenient for the voters of their several 
Hours of hundreds or election district, from eight o’clock A. M. until 
six o’clock P. M., with an intermission from twelve till one 
Times of o’clock, on four successive Saturdavs, beginning with the 
first Saturday in the September next preceding the general 
Notice. election. Each of said Registrars, at least ten days prior to 
his first sitting, as aforesaid, shall give public notice, by 
advertisement, posted in ten or more of the most public 
places in his hundred or election district, of the places 
where he will sit alone for the registration of voters as afore¬ 
said, and the day or days wdien he will sit at each of said 
Proceedings places. His proceedings shall be public and open to free in¬ 
spection without any obstruction, but he may exclude or eject 
from the room any person behaving in a disorderly manner, 
and he may employ a clerk or clerks. 


StrKs°Uhen" Section 8. It shall be the duty of the said Registrars, 
sitting. when sitting at the times hereinbefore specified for the pur¬ 
pose of ascertaining and registering the persons who are or 
may become qualified to enjoy the right of an elector at the 
next general election, to do and perform the several matters 
and things following, to wit: 


What fadts 
to record. 


First. Each of them severally shall record in his Regis¬ 
ters in the column headed “name” the name of every male 
person who shall personally appear before him and ap^ly to 
be registered (writing his surname and first Christian name 
in full, and also any other name by which he is generally 


LAWS OF DELAWARE. 


25 


OF ELECTIONS. 

known, with the initial or initials of any other name or 
names which he may have in addition thereto, the sur¬ 
name being written first). And the names of said appli¬ 
cants for registration shall be numbered consecutively in the 
order of their application, the number being entered on the 
Register in figures immediately before each name. 

Second. In the column headed “color” he shall enter his 
color; and after making proper inquiries and examination 
he shall enter 

Third. In the column headed “age” the age of the ap¬ 
plicant. 

Fourth. In the column headed “nativity” he shall enter 
the state, territory or country in which the applicant states 
he was born. 

Fifth. In the column headed “residence” he shall enter 
his place of residence and post-office address. 

Sixth. In the proper subdivision of the column headed 
“term of residence,” how long he has resided in the State, 
how long in the county, and how long in the hundred or 
election district in which he applies to be registered. 

Seventh. In the column headed “naturalized” the words 
“yes” or “no,” or “native,” as the fact shall appear. 

Eighth. In the column headed “qualified voter,” if the 
Registrar shall be satisfied, upon examination or otherwise, 
that the applicant for registration is at that time a qualified 
voter, or by arriving at the age of twenty-one years, or by 
acquiring the residence required by the Constitution in this 
State and county by the next following general election will 
become a qualified voter at said election in the hundred or 
election district in which he applies to be registered, he shall 
write his name in full as written in the first column. 

Ninth. I11 the column headed “date of payment of tax” 
he shall enter the day, month and year on which he has paid 
a county tax within two years next before the next follow¬ 
ing general election. 

Tenth. In the column headed “may become qualified by Conditional 
payment of tax, or by being naturalized,” if the Registrar?ions fica " 
shall be satisfied, upon examination or otherwise, that the 
applicant for registration possesses all the constitutional 
qualifications of an elector, except that of the payment of a 
county tax as prescribed by the Constitution, lie shall write 


26 


LAWS OF DELAWARE. 


Disqualifi 

cation. 


OF ELECTIONS. 


his name in full, as written in the first column, and a line 
shall be heavily drawn in ink opposite his said name in the 
column headed “qualified voters.” 

And if the applicant shall not at the time he applies to be 
registered have paid the county tax prescribed by the Consti¬ 
tution as one of the qualifications of an elector, and shall not 
have then resided within the State or county in which he 
applies to be registered the time required by the Constitution 
as one of the qualifications of an elector, but will have ac¬ 
quired such residence by the day of the next general election, 
the said Registrar shall write his name in full in the column 
headed “may become qualified by payment of tax, or by 
being naturalized,” and a line shall be heavily drawn in 
ink opposite to his said name in the column headed “qualified 
voters. ’ ’ 

And if the applicant, not being a native born citizen of 
the United States, shall not at the time he applies to be 
registered have been naturalized, but will be entitled to be 
naturalized by the day of the next general election, and pos¬ 
sesses all the other qualifications of an elector, the Registrar 
shall write his*name in full in the column headed “may 
become qualified by payment of tax, or by being natural¬ 
ized,”' and a line shall be heavily drawn in ink opposite to 
his said name in the column headed “qualified voters.” 

And if the applicant, not being a native born citizen of 
the United States, shall not at the time he applies to be 
registered have been naturalized and shall not at that time 
have paid the county tax prescribed by the Constitution as 
one of the qualifications of an elector, but will be entitled to 
be naturalized by the day of the next general election, and 
possesses all the other qualifications of an elector, or will 
possess them by the day of the next general election, the 
said Registrar shall write his name in full in the column 
headed “may become qualified by payment of tax, or by 
being naturalized,” and a line shall be heavily drawn in ink 
opposite his said name in the column headed “qualified 
voters. ’ ’ 

Eleventh. In the column headed “disqualified,” if the 
Registrar is satisfied, upon examination or otherwise, that 
the applicant for registration is disqualified as an elector in 
the election district in which he shall apply to be registered, 
a line shall be heavily drawn in ink opposite his said name 
in the column headed “qualified voter,” and the cause of 



LAWS OF DELAWARE. 


2 7 


OF ELECTIONS. 

his disqualification shall be briefly stated in the column 
headed “disqualified” opposite his name as first recorded, 
and a line shall be drawn across his name as first entered, but 
in such manner that said name shall remain legible. 

Twelfth. In the column headed “date of application” he 
shall enter the day of the month and year on which applica¬ 
tion for registration is made. 

Thirteenth. In the column headed “remarks” he may 
enter such facts or statements as he may deem pertinent to 
the qualification or disqualification of the applicant as an 
elector. 

In making the entries hereinbefore specified, the Registrar How entries 
shall in every case make such entries in the columns above Jad e be 
specified opposite the name of the applicant to whom such 
entries are intended to apply. 

If any Registrar should be in doubt, after the primary Postpone- 
examination of the applicant for registration, and upon such iTtmtion.^ 2 ’ 
evidence as may be immediately obtainable whether such 
applicant is a qualified elector, he may postpone his deter¬ 
mination of the matter to his next sitting, or to a later sit¬ 
ting, at the request of the applicant; but such postponement 
shall not be in any case to a day later than the last day when 
the said Registrar sits alone for the purpose of registration 
as aforesaid. 

Section 9. When any Registrar, at any of the sittings Entry of re g - 
hereinbefore provided, shall enter in his Register the name Istratlon 
of any applicant for registration as a qualified voter, he shall 
immediately thereafter enter, in the presence of such appli¬ 
cant if he remains in attendance, in its proper alphabetical 
place in the “Voting Book of Qualified Voters,” hereinbe¬ 
fore provided for, the name of such applicant, and also his 
residence, and color, ^md his age, if he will be between the 
ages of twenty-one and twenty-two on the day of the next 
following - general election. And when he shall enter in 
his Register the name of any applicant for registration as 
one who “may become qualified by payment of tax,” as 
hereinbefore provided for, he shall immediately thereafter 
enter, in the presence of such applicant if he remains in 
attendance, in the proper alphabetical place in the “Voting 
Book of Partially Qualified Voters,” hereinbefore provided 
for, the name of such applicant, and also his residence and 
color. 


28 


LAWS OF DELAWARE. 


OF ELECTIONS. 


And the Registrar shall also give to each person who is 
registered either as a qualified voter or one who may become 
qualified, and who may request it, a certificate to the follow¬ 
ing effect: 

Certificate of “-Hundred (or-Election District in- 

Hundred),-county, State of Delaware. 

Dated, -day of-, 18—. 

I do hereby certify that-has this day been regis¬ 

tered as a qualified voter (or one who may become qualified) 
in the hundred (or election district) above mentioned, and 
that his number on the Registers is number-. 

Signed - 

Registrar for-Hundred (or-Election Dis¬ 
trict in-Hundred).” 


?o ri ?Sof Each of said Registrars shall, within one week after his 
registration; last sitting in September, as aforesaid, cause to be printed 
and where to not less than fifty copies of the alphabetical list of qualified 
be posted. V oters as contained in the “Voting Book of Qualified 
Voters,” together with the entries opposite the names in 
said books; and not less than fifty copies of the alphabetical 
list of those who “may become qualified by payment of tax, 
or by being naturalized,” as contained in the “Voting Books 
of Partially Qualified Voters,” together with the entries 
opposite the names in said books; and shall, within the said 
week, cause one of said printed copies of each of said lists 
to be posted in at least ten of the most public places in 
his hundred or election district, and shall use the remaining 
copies in such manner as in his judgment will be most likely 
to secure publicity and general inspection. 


Board of 
Registration 


Associate 

Registrars. 

Presiding 

officer. 


Section io. In addition to the Registrars hereinbefore 
provided for, there shall be in each hundred or election dis¬ 
trict a “Board of Registration,” which board shall be com¬ 
posed of the Registrar for the hundred or election district, 
that one of the two persons who shall be chosen in the 
manner hereinafter provided to serve as judges of election in 
said district at the next following general election who shall 
not be of the same political party as the Registrar, and the 
inspector of said hundred or election district. The two per¬ 
sons associated with the Registrar shall be known as 
Associate Registrars. The said Registrar shall be the presid¬ 
ing officer of the Board, and as such presiding officer he 
shall have and possess all the powers conferred upon him by 
Section 4 of this act, and in his absence either of said asso- 














LAWS OF DELAWARE. 


2 9 


OF ELECTIONS. 

ciates shall have and possess all the powers which said pre¬ 
siding officer would have and possess if present. 

The said Board of Registration shall sit from eight o’clock Hours of 
A. M. until six o'clock P. M., with an intermission from sltung ’ 
twelve till one, on the three Saturdays immediately preceding Time, 
the Saturday next before the general election, at the place place, 
where the following general election will be held, or at some 
convenient and suitable place in the town or village in which 
such election will be held. 

The Registrar shall produce and have before said Board of Duty of 
Registration, at all its sittings, the alphabetical list delivered Res ‘ strar ‘ 
to him by the Sheriff, as provided in Section 6 of this act, 
and also the Registers and the voting books containing the 
alphabetical lists of '‘qualified voters" and the voting books 
containing the alphabetical lists of “partially qualified 
voters,'’ made by him as hereinbefore provided. 

It shall be the duty of the said Board, at its sittings, to ^ l,ti J o ° f 
enter upon the said Registers the names of all persons apply-Registration 
ing to be registered who have omitted to make such applica¬ 
tion before the Registrar when sitting alone, and also the 
names of all persons who may have applied to the said 
Registrar, but whose names were not entered by him as re¬ 
quired by this act. 

It shall be the further duty of the said Board to correct on Further 
the Registers any mistakes which may have been made by duty ' 
the Registrar in any entry therein, either as to the name, or 
as to any other statement of fact; provided , however , that no Proviso, 
correction shall be made upon the Registers except upon the 
personal or written application of’the person in relation to 
whom such correction is made, or after written notice to him. 

It shall also be the duty of said Board, upon the personal Duties of 
application of any person who shall have been entered on peals from 
the Registers by the Registrar as “a disqualified voter,” and Re § lstrar - 
who may consider himself aggrieved thereby, to inquire into 
the matter, and if the said Board, after a hearing and exami¬ 
nation, shall determine that such person has been improperly 
entered as a disqualified voter, the said Board shall enter his 
name anew in the Register, and shall also make opposite the 
name in the several columns the entries required to be made 
in other cases of applicants for registration adjudged qualified; 
and in the column headed “remarks,” opposite his name 
when written anew, the said Board shall enter the words 
“adjudged qualified on revision by the Board,” or “may be- 


LAWS OF DELAWARE. 


•* 


O 


o 


OF ELECTIONS. 


come qualified by payment of tax,” or “ by being natural¬ 
ized,” or both, as the case maybe, and the date when his 
qualification was determined as aforesaid. 

illegalregis- Upon the affidavit of a legal voter in an election district, 
made before any person authorized by the laws of this State 
to administer oaths, and presented to the Board of Registra¬ 
tion, that in his opinion any person is illegally registered in 
such election district as a qualified voter, or as one who may 
become qualified by payment of tax, and setting forth the 
reasons therefor, it shall be the duty of the said Board to 
examine into the matter of the registration of such person, 
and if said Board deem it a proper case for a hearing, notice 
shall be given to such person, either in person or in writing, 
as is hereinafter provided, to appear before the Board at its 
next sitting to show cause why his name should not be 
stricken from the voting books of “qualified” or “partially 
qualified voters” (as the case may be) of such election dis¬ 
trict. And, if upon examination and inquiry said Board 
shall be satisfied, at its sitting at which such person had 
notice to appear, that he is not a qualified voter, or one who 
may become qualified by payment of tax, or by being natu¬ 
ralized, or both, a heavy line shall be drawn in ink through 
his name as written in the column headed “qualified voter,” 
and a line shall be drawn through his name as first entered, 
but in such manner that said name shall remain legible, and 
the causes of his disqualification shall be briefly stated in the 
column headed “disqualified,” and in the column headed 
“remarks,” opposite his said name, shall be written the 
words “adjudged disqualified ou revision by the Board,” and 
the date when his disqualification was ascertained as afore¬ 
said. 


Board of It shall be the duty of said Board, at the time of entering 
Registration i n the Registers the names of any persons not entered by the 
the powers Registrar at his sittings alone, to do and perform the same 
of Registrar. matters and things and to make the same entries in the Reg¬ 
isters which the Registrar is required by Section 8 of this 
act to do and perform and make when any person applies to 
him to be registered. And it shall also be the duty of the 
said Board, when they shall enter in the Registers as a 
“qualified voter,” or as one who “may become qualified by 
• payment of tax, or by being naturalized” the name of any 
applicant to said Board for registration, immediately there¬ 
after to enter, in the presence of such applicant if he remain 
in attendance, in its proper alphabetical place in the “Voting 


LAWS OF DELAWARE. 


3 1 


OF ELECTIONS. 


Books of Qualified Voters,” or in the “Voting Books of 
Partially Qualified Voters,” (as the case may be) the name 
ot such applicant, and also his residence, and color, and his 
age, if he will be between the ages of twenty-one and twenty- 
two years on the day of the next following election. 

It shall also be the duty of said Board to enter in the proper Duties of 
voting books in its proper place any corrections which the making en- 
said Board may have made in the Registers as to the name, tnes ' 
residence or color of any person whose name may be in said 
voting books. Whenever the said Board shall enter in the 
Registers the name of any person as a “qualified voter,” 
or as one who “may become qualified by payment of tax, or 
by being naturalized,” who has been entered by the Registrar 
as a “disqualified voter,” it shall be the duty of the said 
Board immediately to enter, in the presence of such voter if 
he shall remain in attendance, in its proper alphabetical place 
in the “Voting Books of Qualified Voters,” or “Voting 
Books of Partially Qualified Voters,” (as the case may be) 
the name of such voter, and also his residence, and color, 
and his age, if he will be between the ages of twenty-one 
and twenty-two years on the day of the next following 
general election. 

Whenever the said Board shall have adjudged any person Names 

j o 1 stricken 

to be disqualified as a voter, whose name had been upon the from tut. 
Registers as a “qualified voter,” or one who “may become 
qualified by payment of tax, or by being naturalized,” and 
shall have made the necessary corrections on the Registers, 
as aforesaid, it shall be the duty of said Board immediately 
thereafter to strike his name from the alphabetical list where 
his name may appear in said voting book by drawing a 
heavy line in ink through his said name and all entries 
opposite his name. And the said Board may employ a clerk cierk. 
or clerks. 


voters. 


Section ii. If any person registered as a qualified 
voter, or one who may become qualified by payment of tax of qualified 
in any hundred or eleCtion district in this State, shall, after 
he is so registered, remove from the county in which he is so 
registered to any other county in this State, he may apply in 
person to the Registrar or Board of Registration of the hun¬ 
dred or election district in which he is registered and have his 
name stricken from the Registers and from the Voting Books 
in which his name shall appear, and may obtain from said 
Register or Board of Registration a certified copy of the 


32 


LAWS OF DELAWARE. 


Name to be 
stricken 
from Regis¬ 
ter and Vot¬ 
ing Books. 


Stamping of 
tax receipt. 


Quorum of 
Board of 
Registration 


Proceedings 

public. 


Oaths of As¬ 
sociate Reg¬ 
istrars. 


OF ELECTIONS. 

entries in the Registers relating to him, together with a cer¬ 
tificate that his name has been stricken from the Registers 
and Voting Books, as aforesaid; and it shall be lawful for 
him, after his name shall be so stricken from said Registers 
and Voting Books, to cause himself to be registered in the 
hundred or election district of the county to which he may 
have removed, upon producing the aforesaid certificate and 
copy of entries in said Registers, provided that by the next 
following general election he will have acquired in the 
county to which he has removed the residence required by 
the Constitution. And the Registrar or Board of Registra¬ 
tion to whom such person may apply to have his name 
stricken from the Registers and Voting Books shall draw a 
line in ink through his name and all the entries opposite to 
his name in said Registers and Voting Books, and in the 
column in the Registers headed “remarks” shall enter 

“removed from this county into-county,” and 

shall prepare and deliver to him the certified copy of entries 
and the certificate aforesaid. 

Section 12. The said Registrars when sitting alone, or 
any member of the said Board of Registration, when sit¬ 
ting for the purpose of registration as aforesaid, may re¬ 
quire any person applying to be registered as a qualified 
voter to produce his tax receipt, and if such person be regis¬ 
tered as a qualified voter, the said receipt shall be im¬ 
mediately stamped with the word “registered,” the name 
of the hundred or eledlion district, and also the day, month 
and year of registering, in letters and figures, by means of 
the stamps provided for in Sedtion sixth of this adt. 

Section 13. At every sitting of said Board two shall 
constitute a quorum, and the adls of a majority of said 
Board shall be as valid as the adls of all of them. Their 
proceedings shall be public and open to free inspedlion with¬ 
out any obstrudlion, but they may exclude or ejedl from the 
room any person behaving in a disorderly manner. 

Each of said Associate Registrars, before entering upon 
the duties of his office, shall take and subscribe the oath pre¬ 
scribed in Sedlion two of this adt for the Registrar, except 
that the words “Associate Registrar” shall be substituted 
for the word “ Registrar.Which oath may be administered 
to the Associate Registrars by the Registrar, or by any Justice 
of the Peace or Notary Public in the county where such 
Associate Registrar may reside. 


* 



* 


LAWS OF DELAWARE. 


33 


OF ELECTIONS. 

In all cases where written notice is required by this aCl to N o‘*ce, 
be given to any person, such notice shall be deemed sufficient denf. sufr *’ 
it addressed to the person to be notified at the post-office 
named by him at the time of his application for registration 
and deposited in the mail not later than the Wednesday next 
preceding the sitting of the Board at which he may be noti¬ 
fied to appear. 

Section 14. In order to fix and ascertain the persons selection of 
who are to be the associate officers of registration, it shall be oSce^ot 
the duty of the inspector of each hundred or election district registration 
in this State (outside the city of Wilmington), and also of the 
person who at the election for inspector next previous re¬ 
ceived the next highest number of votes for said office, on 
some day in the month of September next preceding the 
general eleCIion, to choose respectively the two judges of the 
said election, as is required to be chosen by them respectively 
by SeCtion 11 of Chapter 18 of the Revised Code; and shall 
respectively, during the said month of September, notify the Notice of 
said persons of their appointment in writing, and shall also, selectlon - 
in the said month of September, give notice, in writing, to 
the Registrar of the hundred or election district of the per¬ 
sons so chosen. 

If either the said inspector, or the person who at the elec- vacancies 

1 * x jj-j office of 

tion for inspector next previous received the next highest Associate 
number of votes for said office be dead or removed from the Keglstrars - 
county, or shall fail or negleCt, from any cause whatsoever, 
to choose a judge of election in the said month of September, 
as hereinbefore required of them, or shall fail or negleCt to 
give the notices hereinbefore required to be given by them to 
the persons so chosen by them respectively to the Registrar, 
or if either of the persons designated in SeCtion 10 of this 
aCt as those who shall be associated with the Registrar as 
associate officers of registration shall fail or negleCt to take 
the oath required of them by SeCtion 11 of this aCt, or from 
any cause whatsoever shall fail to appear and aCt at any of 
the sittings of the said Board of Registration, then and in 
that event it shall be the duty of the said Registrar im¬ 
mediately to appoint another person to aCt as Associate Reg¬ 
istrar, who shall be of the same political party as the person 
in whose place he is appointed shall be or would have been. 

The person or persons appointed by the Registrar, as° ath > 
aforesaid, shall take and subscribe the oath hereinbefore pre- duties of As- 

scribed for the Associate Registrars, shall possess and have SS?. Reg " 

* * 

o 


34 


LAWS OF DELAWARE. 


OF ELECTIONS. 

the same powers as, and perform the same duties hereinbe¬ 
fore required of Associate Registrars until the person who 
may have been originally chosen shall have qualified and 
shall appear and enter upon the duties of the office to which 
he was originally chosen or appointed. 

Board of Section 15. It shall be the duty of the said “Board of 
S e c g omp a are n Registration,” immediately after the close of their last sit- 
Re g ister,etc ting, carefully to compare the two Registers and see that 
they agree with each other in every particular, and also to 
compare the two alphabetical lists of “qualified voters” and 
the two alphabetical lists of those who “may become quali¬ 
fied by payment of tax, or by being naturalized,” or both, 
as contained in the voting books aforesaid, with the said 
Registers, and to see that the name of every person entered 
on the Registers as a “qualified voter” is entered in its 
proper alphabetical place on each of the two lists of quali¬ 
fied voters, together with the residence, and color, and also 
the age, if to be between the ages of twenty-one and twenty- 
two years on the day of the next general election, as 
entered on the Register; and also to see that the name of 
every person entered on the Registers as one who “may 
become qualified by payment of tax,” or “by being natural¬ 
ized,” is entered in its proper alphabetical place on each of 
the two lists of those who “may become qualified by pay¬ 
ment of tax,” or “by being naturalized,” or both, in the 
voting books of “partially qualified voters,” together with 
Shall enter the residence and color, as entered on the Registers. And 
properly 11 " if any name in the Registers which ought to have been 
omitted, entered on either of said alphabetical lists shall have been 
omitted therefrom, it shall be the duty of said board to enter 
such name in its proper alphabetical place on the proper 
alphabetical list, together with the proper entries as they ap¬ 
pear on the said Registers. 

Correiflions And it shall be the further duty, in such comparison of the 
°n i.st. alphabetical lists with the Registers, to make such cor¬ 
rections on the alphabetical lists as will make the names and 
entries appearing on the alphabetical lists agree with the 
same names and entries as entered on the Registers. 

fhe^BoTrdof also be the duty of the said Board of Registration, 

Registration within three days after their last sitting, to append to each 
of said alphabetical lists of “qualified voters” contained in 
said “Voting Books of Qualified Voters” a certificate, veri¬ 
fied by the oath or affirmation of the members of said 


LAWS OF DELAWARE. 


35 


OF ELECTIONS. 

board, or at least two of them, that the said “Voting Book 
of Qualified Voters” contains a complete list of the qualified 
voters of said hundred or election district, as the same are 
entered in the Registers of voters of such hundred or elec¬ 
tion district. 

And shall also, within the three days aforesaid, append to Certificate, 
each of said alphabetical lists of those who “may become 
qualified by payment of tax, or by being naturalized,” con¬ 
tained in the “Voting Book of Partially Qualified Voters,” 
a certificate, verified by oath or affirmation, as aforesaid, 
that the said “Voting Book of Partially Qualified Voters” 
contains a complete list of those persons “who may become 
qualified by payment of tax, or by being naturalized,” as the 
same are entered in the registers of voters of such hundred 
or election district. 

And the members of said Board shall, within the three certificate of 
days aforesaid, also append to the Registers of their respec- of entries, 
tive hundred or election district a certificate that each of said 
Registers is the official Register of such hundred or election 
district, and, so far as is within their knowledge, no false or 
improper entries have been made therein. Which certificate 
shall be made and verified by at least two members of said 
Board. 

And it shall be the duty of the Registrar, within one da\ r Registrar to 

j o / 9 m j deliver Reg- 

thereafter, to deliver to the Sheriff of the county in which he isters, etc.,to 
is an officer of registration one of said Registers, certified to Sheriff ' 
as aforesaid, and one of said “Voting Books of Qualified 
Voters,” certified to as aforesaid, and one of said “Voting 
Books of Partially Qualified Voters,” certified to as afore¬ 
said, together with the alphabetical list which shall have 
been delivered to him by the said Sheriff, as hereinbefore 
provided. 

And the other of said Registers, together with the other Registrars 

o * o fQ i/ggn one 

of said “Voting Books of Qualified Voters” and the other of the Regis- 
of said “Voting Books of Partially Qualified Voters,” to- ters ’ etc- 
gether with any other papers or documents relating to the 
registration of voters, and the stamps provided for by this 
aCt, he shall retain in his possession and safely keep, but the 
same shall at all proper times be open to the inspection of 
any one desiring to examine the same without fee or reward, 
and also any one desiring to do so may be permitted to make 
copies or partial copies of any of said lists, books, documents 
or papers. 


3^ 


LAWS OF DELAWARE. 


In event of 
loss of Reg¬ 
isters, etc., 
by Sheriff. 


To deliver 
to Clerk of 
the Peace. 


Sheriff to de¬ 
liver Regis¬ 
ters, etc.,to 
Inspedlor. 


Duty of 
Inspector. 


Who shall 
not be al¬ 
lowed to 
vote. 


Who shall 
eligible to 
vote. 


OF ELECTIONS. 

And if the Registers or Voting Books delivered to the 
sheriff, as aforesaid, should be lost or destroyed, the dupli¬ 
cates in the possession of the Registrars may be called for 
and used, in the place of those lost or destroyed, at the general 
election. 

And within one week after the following general election 
he shall deliver the same to the Clerk of the Peace of the 
county in which he resides, who shall safely keep the same 
in his office, and the same shall be open to public inspection 
at all convenient times as other public records in the office 
of said Clerk of the Peace. 

Section 16. It shall be the duty of the sheriff of each 
county, within three days after the said Registers, Voting 
Books and lists shall have been delivered to him, as provided 
in the next preceding section of this at, to deliver the same 
to the inspetor of the hundred or eletion distrit of the 
county to which such Register, Voting Books and list shall 
apply. And it shall be the duty of the inspetor to have the 
same at the place of eletion before the opening of the polls 
on eletion day. 

Section 17. The inspetor shall not at any eletion re¬ 
ceive or deposit in the ballot-box the ballot of any person 
offering to vote until his name shall have been found in the 
list of “qualified voters,” as contained in the “Voting Book 
of Qualified Voters,” or in the list of those who “may be¬ 
come qualified by payment of tax, or by being naturalized,” 
or both, as contained in the “Voting Book of Partially Quali¬ 
fied Voters,” delivered to him for the purposes of said elec¬ 
tion, and the judges, or a majority of them, shall be satisfied 
that the person so offering to vote is the person named in said 
list; and if his name shall have been found in the “Voting 
Book of Partially Qualified Voters” they shall be further 
satisfied that the person offering to vote has paid the tax re¬ 
quired by the Constitution, and, if not a native born citizen 
of the United States, has been legally naturalized. And he 
shall receive and deposit in the ballot-box the ballot of every 
person offering to vote whose name appears in the “Voting 
Book of Qualified Voters,” or whose name appears in the 
“Voting Book of Partially Qualified Voters,” and who at 
the time he offers to vote shall have paid the tax required by 
the Constitution, and, if not a native born citizen of the 
United States, has been legally naturalized, unless such vote 
shall be objedted to; but no objection to the vote of any per- 


•1 


LAWS OF DELAWARE. 



OF ELECTIONS. 

. f 

l . 

son whose name shall have been found on either of said 
voting books shall be entertained or considered by the judges 
of the eledlion except for the following reasons, to wit: 

First. That he is not the person whose name appears in Exceptions, 
said voting books. 

Second. If his name appears in the “Voting Book of Par- 
tially Qualified VotersVthat he has not paid the tax required 
by the Constitution of this State, or, if not a native born 
citizen of the United States, that he has not been legally 
naturalized since he was registered. 

Third. That he has become disqualified as a voter since 
he was registered; and 

Fourth. That he was improperly registered at the last sit¬ 
ting of the Board of Registration as a “qualified voter,” or 
as one who “might become qualified by payment of tax, or 
by being naturalized.” 

If a vote be objected to for any of the reasons above men- objection to 
tioned, its admission or rejection shall be determined accord- 
ing to the opinion of a majority of the judges. mi°ned. e er ' 

It shall be the duty of one of the judges of the election to Duty 
write the word “voted” against the name of any personikluon 0 
voting on the alphabetical list in the voting book in which 
his name appears, which was certified to by the Board of 
Registration and delivered by the sheriff to the inspector as 
aforesaid, instead of upon the alphabetical list certified to by 
the Clerk of the Peace, as is now provided by Section 18, 

Chapter 18 of the Revised Code. 

Section 18. Each inspector shall, on the Thursday next what in- 
succeeding the day of the general election, deliver into the deiwerto ha11 
the office of the Clerk of the Peace of his county the oaths pe e a r ^ e ofthe 
or affirmations that shall have been signed by the inspedlor 
and judges of the eledfion in his hundred, or election distridl 
where a hundred is divided into two or more eledlion districts, 
and the certificates of said oaths or affirmations having been 
administered, to be made and signed as directed in Section 
13, Chapter 18 of the Revised Code; and the two lists of the 
polls kept at the eledlion, as directed in Sedfion 18, Chapter 
18 of the Revised Code; the alphabetical list certified to by 
the Clerk of the Peace; the Register aforementioned, and the 
“Voting Book of Qualified Voters,” and the “Voting Book 
of Partially Qualified Voters,” certified to by the Board of 


LAWS OF DELAWARE. 



Compensa¬ 
tion of Reg* 
istrar. 


Compensa¬ 
tion of Alter 
nate Regis¬ 
trar. 


Proviso. 


Compensa¬ 
tion of Asso 
ciate Regis¬ 
trars. 


How paid. 


All neces¬ 
sary expen¬ 
ses; how 
paid. 


OF ELECTIONS. 

Registration as aforesaid, with the notes of “voted,” as the 
same shall have been made on each of said last mentioned 
books on the day of the eledlion; all of which shall be filed 
in the office of the said clerk, and shall be public records, 
and as such admissible as evidence. 

Section 19. Each Registrar shall receive five dollars per 
day for each day of actual sitting, either alone or as one of 
the Board of Registration, and fifteen dollars additional for 
all other services to be performed by him under this a6l. 

And each Alternate Registrar shall receive five dollars per 
day for each day of actual sitting in the place of the Regis¬ 
trar, either alone or as one of the Board of Registration, and 
also such additional compensation as may be determined by 
the Levy Court of the county in which he shall reside for 
any other service that may be performed by him under this 
a< 5 t; provided that such additional compensation shall in no 
event exceed the sum of fifteen dollars; and provided further , 
that the amount of such additional compensation shall be 
deducted from the amount of the Registrar’s additional com¬ 
pensation. 

And each Associate Registrar shall receive five dollars per 
day for each day of actual sitting on the Board of Registra¬ 
tion. 

It shall be the duty of the Levy Court in each of the 
counties of this State, at its November session, to ascertain 
the amount of compensation under this a6t due the Regis¬ 
trars, Aternate Registrars, and Associate Registrars in their 
respective counties, and when so ascertained, the president 
of the said Levy Court shall certify the same to the State 
Treasurer, who shall thereupon pay to the persons entitled 
the sums severally due them out of any money belonging to 
the State not otherwise appropriated. 

The cost of printing and posting the alphabetical lists 
contained in the voting books aforesaid, and of printing and 
mailing the notices required by this act, and the rent of the 
room or rooms used by the said Registrars and Boards of Reg¬ 
istration in performance of the duties required by this a<S, 
the cost of printing any forms or blanks that may be re¬ 
quired, and the cost of the necessary stationary used by 
them, and also the stamps and the ink to be used with the 
same, provided for by this a6l, shall be paid by the Levy 
Courts of the respective counties upon proper vouchers. 


LAWS OF DELAWARE. 


39 


OF ELECTIONS. 

The cost of the books provided for in Section 5 of this aCt 
shall be paid by the State Treasurer on warrants drawn on 
him by the Governor. 

Section 20. If any Registrar, Alternate Registrar, or 
Associate Registrar, shall fraudulently enter, or fraudulently 
permit to be entered, in any Register, or in any list of 
‘‘qualified voters,” or in any list of those who 41 may become 
qualified by payment of tax, or by being naturalised,” the 
name of any person as a qualified voter, or one who “may 
become qualified by payment of tax, or by being natural¬ 
ised,” who is not entitled to be entered therein as a “quali¬ 
fied voter,” or as one who “may become qualified by 
payment of tax, or by being naturalised,” or both, or if 
any other person not authorised by the proper officer of reg¬ 
istration shall enter in any Register, or in any “Voting 
Book of Qualified Voters,” or in any “Voting Book of 
Partially Qualified Voters,” the name of any person as a 
“qualified voter,” or as one who “may become qualified by 
the payment of tax, or by being naturalised,” or both; or 
if any Registrar, Alternate Registrar, or Associate Regis¬ 
trar, shall fraudulently refuse or omit to register, or shall 
fraudulently misspell in any Register, or in any “Voting 
Book of Qualified Voters,” or in any “Voting Book of 
Partially Qualified Voters,” in his charge, the name of any 
person entitled under the provisions of this aCt to have his 
name entered in such Register or “Voting Book of Qualified 
Voters” or “Voting Book of Partially Qualified Voters;” or 
if any Registrar, Alternate Registrar, or Associate Registrar, 
shall fraudulently strike from any Register or from either of 
said voting books in his charge the name of any person 
entered therein; or if any other person not authorized by 
the proper officer of registration shall strike from any 
Register or from any voting book the name of any person 
entered thereon; or if any Registrar, Alternate Registrar, 
or Associate Registrar, shall make any entry or entries in the 
said Registers, or said “Voting Books of Qualified Voters” 
or “Voting Books of Partially Qualified Voters,” except 
at the times and in the manner hereinbefore provided; or if 
any Registrar, Alternate Registrar, or Associate Registrar, 
shall do anything which is by this aCt forbidden to be by 
him done, or shall omit to do anything which is by this aCt 
required to be by him done, he shall be deemed guilty of a 
misdemeanor, and upon conviction thereof by indictment, 
shall be fined not exceeding five hundred dollars, or be iin- 


Registration 
officers mak¬ 
ing fraudu¬ 
lent entries, 
or failing to 
perform 
duties under 
this a<5l. 


Penalty. 


. 40 


Disqualified 
voters caus¬ 
ing or at¬ 
tempting to 
cause them¬ 
selves to be 
registered. 


Intimidation 
threats, etc. 


Assaults, 
riots, etc. 


Penalty. 


LAWS OF DELAWARE. 


OF ELECTIONS. 

prisoned not exceeding- three years, or may be both fined and 
imprisoned at the discretion of the Court. 

Section 21. If any person shall cause or attempt to 
cause himself to be registered in the name of any other per¬ 
son, living or dead, or under any fictitious name, or shall 
cause or attempt to cause himself to be registered in any 
hundred or eledtion distridl in this State, knowing that he 
has not the right to be registered; or if any person, knowing 
himself to be registered in any hundred or election district 
in this State shall cause or attempt to cause himself to be 
registered in any other hundred or eledtion distridl in this 
State without having first caused his name to be stricken 
from the Registers and votimg books in which he may have 
been previously entered; or if any person, knowing himself 
to be disqualified as a voter at the next following general 
election, shall cause or attempt to cause himself to be entered 
on the Registers in any hundred or eledtion distridl in this 
State as a “qualified voter” therein, or as one who “may 
become qualified by payment of tax, or by being natural¬ 
ized,” knowing that he is not at that time a qualified voter 
and will not become so by the next following general elec¬ 
tion; or if any person shall by force, threat, menace, intimi¬ 
dation, or other unlawful means, prevent or hinder any 
person having a lawful right to have his name entered on 
the Registers in any hundred or eledtion distridl in this 
State, from duly exercising such right, or shall compel or 
attempt to compel, by any such means, any Registrar, 
Alternate Registrar, or Associate Registrar, to enter on his 
Registers the name of any person not legally entitled to be 
entered therein, or shall unlawfully interfere with any 
Registrar, Alternate Registrar, or Associate Registrar, in the 
discharge of his duties under this adt; or if any person 
shall make any assault or commit any assault and battery, or 
incite or create any riot or any breach of the peace at or near 
to any place of registration in this State, during the sitting 
of any Registrar, Alternate Registrar, or Board of Registra¬ 
tion, he shall be deemed guilty of a misdemeanor, and 
upon convidtion thereof by indidlment shall be fined not 
exceeding five hundred dollars, or be imprisoned not exceed¬ 
ing three years, or may be both fined and imprisoned at the 
discretion of the Court. 

Section 22. If any Clerk of the Peace, Sheriff, Regis¬ 
trar, Alternate Registrar, Associate Registrar, inspedtor, or 


LAWS OF DELAWARE. 


4 T 


OF ELECTIONS. 


judge of election, shall loose any Register or Voting Book Destruction, 
which may be in his charge or custody, or if any of suchSSlIreor* 
officers or any other person shall willfully destroy, mutilate, RegutSs or 
deface, falsify, or fraudulently remove or secrete any Regis- 
ter, or Voting Book, or shall knowingly make any false 
entry in, or false copy of any Register or part or any 
Register, or shall fraudulently make any entry, erasure or 
alteration in any alphabetical list of qualified voters, as 
contained in any “Voting Book of Qualified Voters,” or in 
any alphabetical list of those who “may become qualified by 
payment of tax, or by being naturalized,” contained in any 
“Voting Book of Partially Qualified Voters,” he shall be 
deemed guilty of a misdemeanor, and upon conviction 
thereof by indictment shall be fined not exceeding five hun- Penalty, 
dred dollars, or be imprisoned not exceeding three years, or 
may be both fined and imprisoned at the discretion of the 
Court. 

Section 23. If any person shall mutilate, deface, pull Mutilation, 
down or destroy, at any time before the last sitting of the or pulling 
Board of Registration, any printed copy of the “alphabetical bSi a Kof 
list of qualified voters, ” or any printed copy of the -alpha- ^ t a ^ ed 
betical list of those who “may become qualified by payment 
of tax, or by being naturalized,” when the said lists are 
posted and hung up as provided in SeCtion 9 of this aCt, he 
shall be deemed guilty of a misdemeanor, and upon convic¬ 
tion thereof by indictment shall be fined not exceeding one Penalty, 
hundred dollars, or imprisoned not exceeding one year, or 
may be both fined and imprisoned at the discretion of the 
Court. 

Section 24. In any case of a special election held in special 
this State, it shall be the duty of the several Boards of e eL ° n 
Registration, hereinbefore provided for, to sit on the two 
Saturdays immediately preceding the Saturday next before Time of 
the day of such special election, from eight o’clock A. M., Mtting 
until six o’clock, P. M., with an intermission from twelve 
till one, at the place where the following special election 
will be held, or at some convenient and suitable place in Place, 
the town or village in which such election will be held; 
and at such sittings to add to the Registers or Voting 
Books aforesaid of their respective hundreds or election 
districts the names of all persons applying to them who may 
have become qualified to vote since the day of the last gen- 


42 


LAWS OF DELAWARE. 


Duty of 
Board of 
Registration 


Powers. 


Vacancy. 


Board of 
Registration 
to procure 
Registers, 
etc. 


Duty of 
Clerks of the 
Peace. 


Delivery of 
books. 


Special 

elections. 


OF ELECTIONS. 

eral ele6lion, or who may become qualified to vote by the 
day of such special eledlion. 

And it shall be the duty of such Boards of Registration, 
in adding any new name, to make the same entries in the 
Registers and Voting Books aforesaid as they are hereinbe¬ 
fore required to make when sitting as a Board of Registra¬ 
tion before any general eledtion. And said Boards of Regis¬ 
tration shall have the same powers and do and perform the 
same matters and things as when sitting as a Board of Reg¬ 
istration before any general eledtion. And any vacancy or 
vacancies in any of said Boards of Registration shall be filled 
as hereinbefore provided. 

The said Boards of Registration, within one week before 
their first sitting as provided for in this sedtion, shall pro¬ 
cure from the Clerks of the Peace of their respective counties 
the two Registers and the two “Voting Books of Qualified 
Voters” and the two “Voting Books of Partially Qualified 
Voters,” which shall have been delivered to the Clerks of 
the Peace as hereinbefore provided. 

It shall be the duty of the Clerks of the Peace in the 
several counties to deliver said books to the said Boards of 
Registration when the same shall be applied for as aforesaid. 

In delivering one of the Registers and one of the “Voting 
Books of Qualified Voters” and one of the “Voting Books 
of Partially Qualified Voters” to the Sheriff, to be by him 
delivered to the inspectors as hereinbefore provided, it shall 
be the duty of said Boards of Registration to deliver the 
Register and the “Voting Book of Qualified Voters” and the 
“Voting Book of Partially Qualified Voters” which were 
not used at the previous general eleClion. And the other of 
said Registers, and the other of said “Voting Books of 
Qualified Voters,” and the other of said “ Voting Books of 
Partially Qualified Voters,” shall be delivered by the several 
Registrars to the Clerks of the Peace of their respeClive 
counties within one week after such special election. 

At every special eleClion the same provisions of law in this 
aCt contained as to voting and challenging and entering the 
word “voted” after the names of those who may vote, shall 
apply, as at a general election. 


LAWS OF DELAWARE. 


43 


OF ELECTIONS. 


Section 25. All a< 5 ts and parts of a< 5 ls inconsistent with Inconsistent 
or superseded by the provisions of this a <51 are hereby re _ aLtsrepeale<} 
pealed. And this a< 5 l shall not apply to the City of Wil- Not applica- 

bletoWil- 

mmgton. mington. 


Section 26. It shall be the duty of the Secretary of Secretary of 
State to cause to be printed and prepared in pamphlet print !£ 
form five hundred copies of this a < 51 ; and when the Regis- 
trars provided for in this a <51 shall have been appointed by c °P ies;to 
the Governor, it shall be the duty of the Secretary of State 
to send to each Registrar three of said pamphlets, one for 
his own use and the other two for the use of his Associate 
Registrars. And the Secretary of State shall also send one 
pamphlet to each Alternate Registrar appointed by the Gov¬ 
ernor. 


The cost of printing and preparing the pamphlet copies of Printing, 
this a< 5 l shall be paid in the same manner as is now provided ho " paid for 
by law for the payment of the printing of the laws passed at 
each session of the Legislature. 

Passed at Dover , May 13, 1891. 










LAWS OF DELAWARE-VOL. XIX. 


CHAPTER 39. 

OF ELECTIONS. 

AN ACT to provide for the Registration of Voters in the City of Wil¬ 
mington. 

Be it enabled by the Senate and House of Representatives 
of the State of Delaware in General Assembly met: 

Section i. That for the purpose of preventing fraud at 
all eledtions held on the Tuesday next after the first Monday 
in the month of November, as provided by Sedlion 1 of 
Article 4 of the Constitution of this State, and facilitating 
the ascertainment of those who are duly qualified eledlors 
according to the constitution and laws of this State, there 
shall hereafter in the city of Wilmington be a general 
registration of all the qualified voters resident in each elec¬ 
tion distridl in said city at the times hereinbelow provided 
and then only on Saturday of the fourth week, on Saturday 
of the third week and on Friday and Saturday of the second 
week next preceding the day of each and every such elec¬ 
tion. That for each and every eledlion, other than such as 
above designated, except municipal eleftions and elections 
for members of the Board of Education, held in said city 
there shall be a revision of the general registration had as 
provided in this a6f, which revision shall be made on the 
second Saturday next preceding the day of each and every 
such eledlion. 

Section 2. That, in the month of August in the year 
1891, on or before the tenth day thereof, the Governor of 
the State of Delaware shall appoint three persons of said 
city, who shall constitute a Department of Eledtions for said 
city, with full power to adt as such for the terms of two, four 
and six years from the date of their appointment, or until 
their successors shall be duly appointed. At the first meet¬ 
ing of the said board said members of said Department of 
Eledlion shall determine their terms by lot, and shall certify 
the result to the Clerk of the Peace for New Castle County, 
who shall carefully preserve the same; and the said result, 
or a copy duly certified by the said Clerk of the Peace under 
his hand and" seal of office, shall be evidence in all the 


General reg¬ 
istration of 
qualified 
voters in the 
City of Wil¬ 
mington. 


Governor to 
appoint 3 
persons to 
constitute a 
Department 
of Elections, 


Term, how 
determined. 


46 


LAWS OF DELAWARE. 


Term of 
office. 


Qualifica¬ 

tions. 


Members 
cannot be 
candidates 
for office. 


Vacancies, 
how filled. 


Oath of 
office. 


Organiza¬ 

tion. 


Compensa¬ 

tion. 

Proviso. 


Duties of 
Department 
of Elections. 

Eledlion 

Districts. 


Proviso. 


OF ELECTIONS. 

courts of this State or elsewhere. At the expiration of the 
term of the said member who shall draw the shortest term, 
and biennially thereafter, the place of the retiring member 
shall be filled by appointment by the Governor of the State 
of Delaware, for the term of six years. No person shall be 
eligible to appointment as a member of said Department 
who shall not be a citizen of the United States of America, 
and be a qualified voter of and resident in said city for the 
term of five years next preceding his appointment. No 
member of said Department of Elections shall hold or be a 
candidate for any other State or county office during his 
membership in said Department, nor until the expiration of 
six months after he shall have ceased to be a member of said 
Department of Elections. When any vacancy occurs in said 
department, by or from any cause whatsoever, the Governor 
aforesaid shall fill the Unexpired term by appointment, but 
at no time shall all the members of said department be of 
the same political faith and opinion. Each of said members 
shall, before entering upon his duties, and within one month 
from the time of his appointment, take and subscribe and 
file in the office of the Clerk of the Peace aforesaid an oath 
or affirmation that he will, perform the duties of his office 
with fidelity and impartiality. The persons so named shall 
meet and organize said Department of Elections by this a6t 
constituted by selecting one of their number to be president, 
whose term of office shall continue for two years from the 
date of his appointment, when and bienially thereafter the 
said Department of Elections shall seledt one of their num¬ 
ber to be president. Each member of the Department of 
Elections shall receive as a compensation for his services the 
annual salary of five hundred dollars: Provided , that no 
salary or compensation shall be paid in any year in which 
no general or special election is held. 

Section 3. The duties of the members of the Depart¬ 
ment of Elections shall be as follows: 

1. They shall, on or before the first day of September 
next preceding the time of the first registration held under 
the provisions of this a6l, and in every sixth year thereafter, 
on or before the first day of September, divide the city into 
as many eledlion districts as they shall deem necessary. 
Provided that each election district shall contain as near as 
may be no more than three hundred, nor less than one hun¬ 
dred, qualified voters. And provided further , that each of 


LAWS OF DELAWARE. 


47 


OF ELECTIONS. 

* 

said districts shall be entirely within the boundaries of one 
ward. And on or before the first day of September, A. D. Division of 
eighteen hundred and ninety-four, and biennially thereafter, dlstri<5U - 
said Department of Elections may divide such of the dis¬ 
tricts, and such only as by the registration of voters last 
preceding such division shall be found to have had a registra¬ 
tion of more than three hundred voters, but in any such 
division of any such distridl one portion of the district shall 
retain the original numerical designation and the other por¬ 
tion shall take the number following the highest numbered 
district in the ward in which such new districts are situated. 

2. They shall designate and appoint a place of registry Place of 
and polling place in each ele< 5 fion distrift in the city, and Reglstry ' 
shall, not less than two weeks prior to the first day of any 
registration or revision of registration, provided for in this 

a6t, advertise, by posters or handbills, posted in five of the Notice, 
most public places in each distridl, the number and bounda¬ 
ries of the distri6ls in which they are posted, the time and 
place of holding the next registration and election in such 
distri<?t, the officers to be voted for at such election, and at 
the places so designated all elections shall be held and the 
work of registration performed; and the said Department of Furnishing 

o ^ i > x qj rooms for 

Elections shall hire all such places and cause the same to be registration, 
fitted up, warmed, lighted and cleaned, but in such eleftion 
distridl such place shall be in the most public, orderly and 
convenient portion of the distridf, and no building or part 
of a building shall be designated or used as a place of regis¬ 
try or polling place in which, or in any part of which, spir¬ 
ituous or intoxicating liquor is or has been sold within sixty intoxicating 
days next preceding the time of using the same. 

3. They shall cause to be prepared books for the regis- Books for 
tration of names and fa6ts required by this a6t; said books t 0 re s lstratlon - 
be known by the general name of Registers, and to be so ar¬ 
ranged as to admit of the entry of the names of each street Contents, 
or avenue in each election distri< 5 f, and the number of each 
dwelling in any such street or avenue, if there be a num¬ 
ber thereto, and if there be no number, under such definite 
description of the location of the dwelling place as shall 
enable it to be readily ascertained, found and located; of the 
names of all male persons, resident in each dwelling in each 

of said districts, who shall apply for registration. Such Form ot^ 
Registers shall be ruled in parallel columns, in which, oppo- egl>ter ’ 
site to and against the name of every applicant, shall be 
entered the words and figures hereinafter provided in this 


48 


LAWS OF DELAWARE. 


OF ELECTIONS. 

a6f, and shall be of such size as to contain not less than 
four hundred names, and so prepared that they may be 
used at each eledlion in the said city until such time as 
in this a6t provided for the succeeding registration, and 
shall on the inside be in appearance and form as follows, 
to wit: 





Necessary 4. They shall prepare and furnish all necessary registers, 
ences and books, maps, forms, oaths, certificates, blanks and instruc- 
suppiies, etc f-i ons f or tp e use of the inspectors of election, provide for the 
furnishing of such officers therewith and with all necessary 
supplies, and also a copy of this law for their guidance. 
They shall have and retain the custody of all registers, tally 
lists, books, maps, forms, oaths of office and of removal, 
blanks, instrudlions, and all other records and supplies of 
every other kind or description pertaining to the Department 
of Elections provided for in this a6t. 

Power to 5. They shall have power to dismiss any eledlion officer 
tion officers. at any time and supply his place with another person. They 
May employ may also employ a clerk and such other assistants as in the 
assistants*! judgment of the members of said department shall be neces¬ 
sary and proper for the faithful performance by the depart- 
Proviso. inent of the duties by this a 61 imposed; provided the expense 
thereof shall not exceed fifteen hundred dollars in any one 
year, which said sum shall not include the compensation of 
members of the Department of Eledlions, inspedlors, and 
poll clerks, to be paid as provided in this a6l. 

May make 1 m r • • 1 . 

or have 6. They shall from time to tune and at all times, and at 

m&dc copies 1 , • 1 1 • 1 /^i • • 

of names, least once in each and every year in which an election is 
etc!^of C mai e held, have full power and authority to make or cause to be 
fng s in n tht y ’ ma< ^ e such fuh) complete and accurate copies, as they shall 
city. deem necessary, of the records of the names, residences, age 



























































LAWS OF DELAWARE. 


49 


OF ELECTIONS. 


and cause of death of each male person who shall die in the 
city, as the faCts in respeCt to such death shall be furnished 
to the Register of Births, Deaths and Marriages for the city, 
and shall keep, preserve and file all such copies of such 
records; and it shall be the duty of the Department of Elec¬ 
tions, in each year in which an election is held, to cause to 
be delivered to each inspector of election in each election To deliver 
district in the city, on or before the first day of registration, SspeSSii? 
an alphabetical record of all male persons twenty-one years 
of age and upwards who, in the district in which the said 
inspector is to serve, have died since the last election. Such 
records shall be known and designated as the record of death; 
and it shall be the duty of each inspector of election in each Inspector to 
election district, upon the receipt of such record, to securely such names 
attach the same to the inside of the register in his custody fromhlsllst ’ 
to the end that it may be preserved, and upon the receipt of 
the same each inspector shall examine the register in his 
custody as to the name of every person upon said register, 
who, by said record of deaths, shall by a coincidence in re- 
speCt to said names and faCts appear to have deceased, and 
opposite to and against every such name to enter in the 
column headed “whydisqualified” the word “dead,” in the 
column “date of erasing name” the month, day and year of 
such erasing, and in the column headed “remarks” the 
words “stricken from the register,” adding against each 
such entry made in the column of remarks the initial letters 
of the name of the inspector making such entry, and through 
the name of every such person stricken from the register, 
and then only, shall draw a line indicative that such name is 
erased from the register of that election district. 


7. They shall furnish the inspectors of election in each ^h 2 r° n tJTbe 
election district with the hereinafter named election ma- furnished as. 

. • follows. 

chinery: 


(a.) Two boxes of a size sufficient in their judgment to 
receive the ballots in the respective districts, and of such 
character and workmanship as will insure safety and fairness 
in elections; in the lid of one of the boxes shall be a hole 
sufficient only to admit with convenience one ballot; and 
it shall be furnished with a lock and key for securing the 
lid; the lid of the other box shall be without a hole and 
shall also be furnished with a lock and key and so con¬ 
structed as to be secured with tape and sealing wax. 

(b.) Stamps which, when applied to tax receipts on 
* 

4 


50 


LAWS OF DELAWARE. 


To appoint 
inspectors 
and poll 
clerks and 
fill vacan¬ 
cies. 


Appoint¬ 
ment of in¬ 
spectors. 


Qualifica¬ 

tions. 


Proviso. 


Examina¬ 
tion and 
qualifica¬ 
tion. 


Oath of 
office. 


OF ELECTIONS. 

registration days, will produce the word “Registered/’ the 
number of the district, and also the day and year of registra¬ 
tion in letters and figures, and when applied to tax receipts, 
on election day, will produce the word “Voted,” the num¬ 
ber of the district, and also the day and year of voting in 
letters and figures. 

8. They shall, hereafter, appoint all inspectors of elec¬ 
tions and poll clerks for eledlions in said city, and shall 
also make all necessary removals and transfers of election 
officers and fill all vacancies which from any cause may 
occur. 

9. They shall, in the month of August, in each year in 
which a general election is held, seleCt for each election dis¬ 
trict, to serve as inspectors of election, three persons, who 
shall be citizens of the United States of America and of the 
State of Delaware, of good character, able to read, write and 
speak the English language understanding^, qualified voters 
in the city, and not candidates for any office to be voted for 
by the electors of the district for which they shall be 
selected, two of whom shall be of different political faith and 
opinion from their associates; provided , that the total num¬ 
ber of inspectors in each ward shall be divided as equally 
as possible between the different political parties; and those 
appointed to represent the party in political minority to be 
named solely by such member or members of the Depart¬ 
ment of Elections as is or are the representative or repre¬ 
sentatives of such political minority; and no person who 
shall have served as inspector at any registration shall be a 
candidate at the election for which such registration was 
held. Every person so’ selected to be an eledfion inspector 
shall, on receipt of notice thereof, appear within ten days 
thereafter, before said department, for the purpose of exam¬ 
ination, and if found qualified shall, unless excused by the 
department by reason of ill-health or other good and suffi¬ 
cient cause, be bound to serve as such officer at every regis¬ 
tration and election for the term for which he is appointed, 
and shall take the following oath of office, which oath 
may be administered by any member of the Department of 
Elections: 

I,-residing at No.--in the city 

of Wilmington, do solemnly swear (or affirm) that I will 
support the Constitution of the United States and of the 
State of Delaware, and that I will faithfully discharge the 




LAWS OF DELAWARE. 


51 


OF ELECTIONS. 

duties of the office of inspector of election for the-’ 

election distriCI of the-ward of the city of 

Wilmington, according to the best of my ability, and that I 
am a citizen of the United States and of the State of Dela¬ 
ware, a qualified voter in the city of Wilmington and not a 
candidate for any office to be voted for by the electors of the 
district for which I am appointed. 

In case of refusal or negleCt on the part of any person so 
selected to be an election inspector to comply with the above refusal to r 
requirements, or to serve, or to aCt, he shall be liable to a ?°™uJe- wlth 
penalty of two hundred dollars, recoverable by said depart- ments ‘ 
ment by civil aCtion in any court of record in the name of 
the ‘‘President of the Department of Elections of the City 
of Wilmington,” and for the use and benefit of New Castle 
county; and the failure on the part of any such person to what shall 
present himself for examination within the time prescribed, SsaiSer 
or to comply with any of the requirements of this aCt p r e- thisact - 
liminary to receiving his certificate of appointment or to 
attend on the day of any registration or the day of any elec¬ 
tion during his term, unless prevented by sickness or other 
sufficient cause, the burden of proof of which shall be upon 
the delinquent, shall be deemed a refusal within the mean¬ 
ing of this aCt. The Department of Elections shall deliver a Certificate 
certificate of appointment to whomsoever shall be nom- mem pomt ' 
inated, approved and sworn into office by it as an inspector 
of elections, said certificate to be in such form as shall be 
prescribed by such Department of Elections, specifying the 
election district in and for which the person to whom the 
same is issued is appointed to serve, and the date of the 
expiration of his term of office. The inspectors of election Term of 
appointed under the provisions of this aCt shall respectively 
hold office for the term of two years unless sooner removed 
for want of requisite qualifications, or for cause; in either Removal - 
of which cases such removal, unless made while the inspec¬ 
tors are actually on duty on a day of registration or election 
and for improper conduct as an election officer, shall only 
be made after notice in writing to the officer sought to be re¬ 
moved, which notice shall set forth clearly and distinctly 
the reasons for his removal. Any person appointed to fill vacancy, 
any vacancy shall serve for the unexpired term of the person 
whose office he is appointed to fill. The negleCt or refusal what con- 
of any person so appointed as inspector as aforesaid to ap- vacancy 3 ' 
pear and qualify as an inspector within the time herein pre¬ 
scribed shall be deemed to create a vacancy in said office. 




52 


LAWS OF DELAWARE. 


OF ELECTIONS. 

Poll clerks. io. They shall appoint as poll clerks two persons of dif- 
t?on lifica ’ ferent political faith and opinion and possessing the other 
qualifications of inspedlors of eledlions required by this adl, 
who shall be in all respedts similarly named, seledted, noti¬ 
fied, examined, appointed, commissioned and sworn as in 
this adl required for the appointment of inspectors in and for 
Term of such eledlion distridls. Said poll clerks shall hold office for 
office. the same period of time and upon the same conditions as are 
above prescribed for inspedlors of eledlion, and shall receive 
a like certificate of appointment. In ca§e of refusal or neg¬ 
lect on the part of any person so seledted to be a poll clerk 
to comply with the above requirements, or to serve, or to> 
Penalty for adl, he shall be liable to a penalty of two hundred dollars, 
negfeaTo recoverable in the same manner and for the same use as the 
comply. penalty above provided in case of refusal or negledt on the 
part of an inspedtor of eledlion. 

Vacancies Whenever, from any cause, there shall exist a vacancy in the 
how mied. 0 f^ ce 0 f i nS p ec tor of eledlion or poll clerk, a person appointed 
to fill such vacancy shall be named by such member, or such of 
the members of the department or his successor or their suc¬ 
cessors as named the inspector or poll clerk in whose place 
Compensa- any such person is designated. Inspectors of eledlion and poll 
clerks appointed in pursuance of the provisions of this adl 
shall be entitled to receive three dollars for each day’s service 
at any registration or election, such compensation not to ex- 
Proviso. ceed in the aggregate the sum of fifteen dollars; provided , 
that the inspe&or whose duty it shall be to attend the meet¬ 
ing of the board of canvass shall receive the additional sum 
How paid, of three dollars as a compensation for said attendance. The 
said compensation shall be paid on the certificate of the presi¬ 
dent of the Department of Elections, as to the period of 
oath, failure service, but no payment shall be made to any person as 
comply with inspector of eledlion or poll clerk who shall not have taken, 
subscribed and filed the oath or affirmation required therein,, 
and who shall not, during the period of his service have fully 
complied with all the requirements of law in anywise relating 
to his duties; and the adling of any such person in either 
of said capacities, without having taken, subscribed and 
filed the said oath or affirmation, shall be deemed to be a 
Exemption misdemeanor and punished as such. Inspedlors of eledlion 
duties. and poll clerks, during the time they hold such office, shall 
be exempt from the performance of military and jury duty* 
and no person who, by the law of this State, is exempt from 


LAWS OF DELAWARE. 


53 


OF ELECTIONS. 

jury duty, shall be required to serve as an inspector or poll 
clerk under this a6l. 

Section 4. The inspedtors of election appointed pursu- J ns P ectors 
ant to the provisions of this acl shall, at the tunes in this a 61 perform the 
designated for registration, meet in their respe6live eledtionX* 1112 
distridls at the places which, as provided in this a6t, shall 
be designated therein for such meeting, and at such times in 
each eledlion distridt the said inspe6lors of election shall 
openly and publicly do and perform the following a6ts, viz: 

1. They shall organize as a board by sele6ting one of ^® aniza * 
their number to a6t as chairman, but in case of failure to ° n 

so organize within fifteen minutes after the time fixed for 
meeting, the chairman shall be sele6ted by lot. 

2. They shall receive and enter upon their several reg- A PP lication - 
isters the application for registration of all male persons 

who shall personally present themselves. 

3. They shall remain in session on each of said days and Session, 
on each of the days for revision of registration from between 

the hours of eleven and twelve o’clock in the forenoon and 
seven o’clock in the afternoon. 

4. They shall examine all persons who personally apply Examina- 
as to their qualifications as ele6fors, and shall each, in a persons ap- 
separate book, immediately and in the presence of the appli- SglJS/Son.• 
cant enter in the Register, to be made and furnished as pro¬ 
vided in this a6t, the statements and fa6ts below set forth 

and in the manner following, viz: 

First—Under the column “residence” the name and num- Residence, 
ber of the street, avenue, or other location of the dwelling, if 
if there be a number, and if there shall not be a number, such 
clear and definite description of the place of said dwelling as 
shall enable it to be readily ascertained, fixed and determined; 
and if there shall be more than one house at the number 
given by the applicant as his place of residence, in which 
house he resides; and if there be more than one family 
residing in said house, either the floor on which he resides 
(every floor below the level of the ground being designated 
as the basement, the first floor on or above such level as the 
first floor, and each floor above that as the second or such 
other floor, as it may be), or the number or location of the 
room or rooms occupied by the applicant and whether front 
or rear. 


54 


LAWS OF DELAWARE. 


Name. 


Sworn. 


Nativity. 


Color. 


Term of 
residence. 


Naturaliza¬ 

tion. 

Qualified o 
disqualified 


OF ELECTIONS. 

Second—Under the column “name” the name of the ap¬ 
plicant, giving the surname and Christian name or names 
in full, and also any other name by which he is generally 
known, with the initial or initials of any other name or 
names which he may have in addition thereto, the surname 
being written first; but the names of all persons residing in 
the same dwelling to follow each other and to be under the 
street and house number or other description, as provided of 
the dwelling. 

Third—Under the column “sworn” the word “yes” or 
“no,” as the fact shall be. 

Fourth—Under the column “nativity” the state, county, 
kingdom, empire, or dominion, as the fact shall be stated by 
the applicant. 

Fifth—Under the column “color” the word “white” or 
“colored,” as the fact may be. 

Sixth—Under the subdivision of the general column “term 
of residence” the period by months or years stated by the 
applicant in response to the inquiries made for the purpose 
of ascertaining his qualifications and filling such column. 

Seventh—Under the column “naturalized” the word 
“yes” or “no,” or “native,” as the facts shall appear. 

Eighth—Under one of the columns “qualified,” “may be¬ 
come qualified,” or “disqualified,” as the fact shall appear 
and be determined by at least two of the board of inspectors 
of election, the name in full of the applicant, and through 
the remaining two of said three columns and opposite to his 
name a heavy line in ink; it being however required to 
designate as qualified voters all persons who at the time of 
application appear in all respects to be duly qualified under 
the constitution and laws of the State of Delaware to vote at 
the next ensuing election; and any male citizen of the age 
of twenty-one years and under the age of twenty-two years, 
having resided within the State one year next before the 
eleClion and the last month thereof in the county where he 
may offer to vote; and to designate as persons who may be¬ 
come qualified all such as are not at the time of application 
but may, under the constitution and laws aforesaid, be en¬ 
titled to vote before the closing of the polls on the day of 
said next ensuing election; and as persons disqualified all 
such who under the constitution and laws aforesaid are not 
at the time of application and cannot, before the closing of 






LAWS OF DELAWARE. 


55 


OF ELECTIONS. 

said polls on the day of the next ensuing election as afore¬ 
said, be entitled to vote, and under the column “why 
disqualified” briefly the ground or reason of such disqualifi¬ 
cation. Provided that any applicant marked upon any day Proviso, 
of registration or revision of registration as “disqualified” 
shall, upon any succeeding day of registration, or upon the 
day of election next succeeding such day of registration or 
revision of registration, be entitled to be heard; and if he 
shall produce evidence satisfactory to the board of inspectors 
that he was, on the day of his first application, improperly 
adjudged disqualified, they shall enter his name as one of an 
original applicant, writing his name in the column “quali¬ 
fied,” or “may become qualified,” as the case may be; and 
shall strike out the previous entry of his name from the 
registers by drawing a heavy black line in ink through the 
same, and opposite thereto, in the column headed “re¬ 
marks,” enter the word “reconsidered,” together with the 
date thereof and initials of the name of the inspector making 
the same. 

Ninth—Under the column “date of application” theJ}f c t * ti ° f n ap ' 
month, day and year when the applicant presented himself. 

Section 5. On the days and at the times in this act inspectors 
designated for any revision of any general registration, the their respec- 
duly qualified inspectors of election shall meet in their re- distdafto” 
speCtive election districts, at the places which, in accordance P e ^ fo d r ^ ie c s er ' 
with the requirements of this aCt, shall have been provided 
for such meetings, and shall openly and publicly‘do and per¬ 
form the following aCts, namely: each and every of the 
duties and requirements set forth in sub-divisions one and 
three of SeCtion 4 of this aCt. They shall in each election Applications 
district receive the applications for registration of all such 
male persons whose names are not then borne upon the reg¬ 
isters thereof as qualified voters therein as shall personally 
present themselves, and who, 011 the day of election next 
ensuing, would be entitled to vote therein; and as to all ap¬ 
plications made to them shall proceed in the manner pro¬ 
vided in sub-division 4 of SeCtion 4 of this aCt; provided , Proviso 
that if, upon examination, as in this aCt provided for, of any 
applicant for registration it shall appear that he has, since 
the last day of any general registration of voters or revision 
thereof in the said city of Wilmington, moved into or be¬ 
come a resident of said election district, the said inspectors 
shall inquire from whence such applicant removed or came; 
and if it shall appear that such removal was from a place 


56 


LAWS OF DELAWARE. 


OF ELECTIONS. 

within the said city or State, they shall inquire if, in the 
election district in which he resided at the time of the last 
preceding general registration (naming such time), or in 
which he has resided at any time subsequent thereto, he has 
been registered, or has applied for registration; and if he 
state that he has not, then the said inspectors shall proceed 
with said application as with that of any other person who 
may apply to them, but if he shall state that he has been so 
registered, the said inspectors shall, before further proceed¬ 
ing, require him to present to them a certificate of removal, 
as provided for in this aCt, so that his name shall not be upon 
the registers of two election districts, and upon the presenta¬ 
tion to any board of inspectors of any certificate of removal, 
the said board shall treat the person presenting the same in 
the manner provided in sub-division 4 of SeCtion 4 of this 
aCt for applicants for registration. 

Removal ot Section 6. Any person who shall at ^ny time, as pro¬ 
registration vided, in this aCt, have applied to the inspectors of election 
distndi. j n an y e i e £ti on district of said city of Wilmington for regis¬ 
tration, and shall have, in the registers thereof, been entered 
as a qualified voter, and who shall, at any time prior to the 
close of any revision of registration, have removed from the 
dwelling place under which he shall as a resident be borne 
upon the registers, may, upon any day provided in this aCt 
for meetings of the inspedtors of election, other than the day 
of any election, personally appear before the said inspectors 
in the election district in which he resided at the time his 
name was entered upon the said registers, during the hours 
in this adt provided for their sessions for such revision, and, 
if challenged, shall publicly take and subscribe before one 
of said inspectors the following oath or affirmation, which 
shall be known as an oath of removal: 

oath of vo- “I, -- residing in the - election 

terremovmg^.g^.^ Q f ^ c ity of Wilmington, do solemnly swear (or 

affirm) that I, duly entered in the registers of said election 
district from said residence as a qualified voter, have re¬ 
moved my place of residence to number-in 

the-election district of the city of Wilmington, 

and I do hereby request that the proper entries be made as 
the same are provided for by law, and that a certificate of 
removal be furnished me at this time.” 

Upon such oath or affirmation being made and subscribed 
as herein provided, it shall be the duty of the said inspec- 






LAWS OF DELAWARE. 


57 


OF ELECTIONS. 

tors to carefully preserve the same. And upon such appli- Duty of 
cation, (or in case of challenge) upon any such person so STS 01 
taking and subscribing said oath of removal, the said i n _ removal - 
spedlors of election, if satisfied of the identity of the person 
making the same with the person he claims to be as the 
description of said last mentioned person shall appear on the 
register, and if not satisfied therewith, shall at once, by any 
one whom said board shall specially authorise, make an 
examination and inquiry at the place of residence of such 
person, as the same shall be entered upon the registers, as to 
the fact of the removal of such person from said dwelling 
place, when, if his removal therefrom shall be found by the 
report of such person to be a fadl, shall immediately pro¬ 
ceed to strike from said registers the name of such person 
by entering in each of the registers, opposite to and against 
the name of any such person, and in the column headed 
“Why Disqualified,” the word “Removed;” in the column 
headed “Date of Erasing Name,” the month, day and year 
of such striking from said. registers such name; and in the 
column headed “Remarks,” the words “Transferred to,” 
together with the number of the eledlion district to which 
such person shall, in his oath of removal, state he has re¬ 
moved, and the initial letters of the name of the inspedlor 
who shall in each of said registers make such entries; and 
shall, through the name of any such person, as the same 
shall appear on said registers, and there only, draw a line as 
indicative that such name is erased from the registers of that 
eledlion distridl, and the name of any such person so found 
stricken and erased from said registers shall, as to his name 
and residence at the place in said registers entered under the 
column of “Residence,” be thereafter considered by the De¬ 
partment of Elections, all inspedlors of election, and all 
other eledlion officers, to be stricken from the registers of 
that eledlion distridl, and shall be treated as if never en¬ 
tered thereon. If the dwelling place to which any such 
person shall have removed be within the boundaries of the 
same election distridl as was his former residence, as stated 
in the registers of said election distridl, the said inspector 
shall, in said registers, under the number or other description 
of the dwelling place to which such person has removed, 
enter his name, and in the several columns opposite and 
against the same, such words and figures as prior to the 
striking from or erasing the name of such person in the 
manner in this sedlion above provided, where in the 


58 


LAWS OF DELAWARE. 


Certificate 
of removal 


Stamping 
tax receipt 


Certificate 
of inspec¬ 
tors. 


OF ELECTIONS. 

columns similarly headed and opposite to and against 
the name of each person as upon said registers it appeared 
under the dwelling place from which he shall have declared 
he has removed; and if the dwelling place to which any 
such person shall have removed shall be within the bound¬ 
aries of any other election district than was the residence 
under which he was previously entered on said registers, 
the said inspectors of election shall fill up, sign and deliver 
to such person a certificate, which shall be known as a cer¬ 
tificate of removal, and shall be in the words and figures fol¬ 
lowing, to wit: 

“Certificate of Removal. 

“Polling place of the-election district in the 

city of Wilmington,-189—. 

“To the board of inspectors of election-elec¬ 
tion district: This is to certify that the name of- 

heretofore residing at-in this election district, 

has been by us, the inspectors of election in this district, 
stricken from the registers of this district and the proper 
erasures made upon the oath of removal, and at the request 
of said above-mentioned person, and that upon the registers 
of this election district were entered as to him the follow¬ 
ing statement: 


Name. Color. 

Residence. Term of Residence. 

Sworn. State. 

Nativity. County. 

Naturalized. 

Date of Application . . . . 


) 1 


Section 7. The said inspectors shall immediately upon 
entering the name of an applicant upon the register require 
him to present his proper tax receipt, and shall stamp said 
receipt presented by him with, the word “ registered* ’ ’ the 
number of the district, and also the day and year of regis¬ 
tering in letters and figures. 

Section 8. The said inspectors shall, in each election 
district, at the close of each day of registration or revision 
of registration, in a place to be provided therefor in each of 























LAWS OF DELAWARE. 


59 


OF ELECTIONS. 

the Registers required in this act, fill up, date, and each sign 
a certificate, which shall be either printed or written, and 
shall be in the words and figures following, to wit: 

“We, the undersigned, inspectors of election in the- 

district of the-ward of the city of Wilmington, do 

jointly and severally certify that at the registration of voters 

held in the said election district on the-day of- 

-in the year-, there were registered by us as 

qualified voters in the said election district the names which 
are entered in this book as of said day, and that the number 

of such registered and qualified voters was and is-and 

that there were also registered by us as persons who may be¬ 
come qualified to vote before the time of the close of the 
polls in the said election district, on the day of the next 
ensuing election, the names which are entered in this book 
as of said day, and that the number of such was and is- 

__1 1 J 

Section 9. The said inspedlors shall, in each eledlion 
district on each day of registration and revision of registra¬ 
tion, before adjourning, enter in a book prepared for that 
purpose, which shall be known as a public copy of the regis¬ 
ters, all such names and residences, and all such data, in¬ 
formation and statements as during the day have been entered 
by the inspectors of election in the registers provided in this 
a6t. And the whole four books shall, on each of said days 
after the completion of such copy of the registers, be care¬ 
fully compared throughout, so tliat each of the registers and 
the copy thereof shall in every respect agree with each other, 
and contain the name and residence of each person who shall 
have applied for registration and the facts respecting him, 
as the same shall have been stated by him and entered in 
the registers, as provided in this act. The said inspectors 
shall, on the last days of any, registration and revision of 
registration, certify the said copy in the same manner as if it 
were an original, and within forty-eight hours after their 
adjournment on said last day of such registration or revision 
of registration shall leave it suspended in the place where 
such registration was conducted, where it shall be and re¬ 
main until the day of the next ensuing election, to the 
end that the same may be inspected and copied by any 
elector; but on the day of such election the said inspectors 
shall take possession of said public copy, and the chairman 
shall closely retain the same throughout the said day, re- 


Form of 
certificate. 


Duty of 
inspectors. 


Comparing 
of registers. 


Certification 
of copy of 
registration. 


Custody of 
copy. 











6o 


LAWS OF DELAWARE. 


Proviso. 


Department 
of Elections 
to compare 
Registers, 
etc. 


Time of de¬ 
livery of 
Register to 
Inspectors. 


Duty of 
Inspectors. 


To compare 
Registers of 
election dis¬ 
trict. 


Inspectors 
to have Reg 
isters at poll 
ing place. 


OF ELECTIONS. 

turning it to the Department of Elections, as provided in 
this act for the return of the register kept by him; and shall 
within the same time deliver to the Department of Elections, 
to be filed in their office, one of the registers made by them, 
and the other two registers in each election district shall 
be retained and carefully preserved by the inspectors. 
Provided that the inspector who is of different political faith 
and opinion from his associates shall retain the possession 
and custody of the register made by him for the use of him¬ 
self or his successor in office (if such there be) at the next 
election. 

» . i , 

Section IO. The Department of Elections shall have 
the right and it shall be their duty to carefully examine and 
compare with each other the several registers required by 
Section 9 of this act to be filed in their office, and when it 
shall appear by any data in their possession that any person 
has registered in more than one election district, they shall, 
upon due inquiry, strike his name from the register of any or 
all election districts in which he is not a qualified voter, and 
to and against his name under the column “why disquali¬ 
fied,” in such register or registers, state the reason therefor, 
and shall, on the morning of the day of the next election, 
between the hour of seven o’clock a. m. and the time pre¬ 
scribed for opening the polls, deliver to the inspectors in 
each election district, at the polling place therein, the reg¬ 
ister made by the inspector of such district and so corrected 
by the Department of Elections; and it shall be the duty of 
the inspectors in each election district to be present at said 
polling places at or before the hour of seven o’clock a. m., 
and there remain until the polls are closed and their duties 
at such polling places are at an end. After receipt of the 
corrected register from the Department of Elections and be¬ 
fore the hour of election they shall carefully compare it with 
the other registers and the public copy of the registers of the 
said election districts and make them agree in all respects 
with said corrected register, so that at the hour of the elec¬ 
tion all three of the registers at each election district and the 
public copy thereof shall in all respects agree. 

Section ii. The inspectors of election in each election 
district shall, on the day of any election therein, have with 
them at the polling place in said district the registers pro¬ 
vided for in this act. They shall each make use of one 
of said registers for guidance on said election day and no 


LAWS OF DELAWARE. 


6l 


OF ELECTIONS. 

vote shall be received from any person whose name shall voting, 
not be found, by at least two of them, to be upon two, at 
least, of the said registers, as a qualified voter, or as one 
who may become qualified, and who at the time of offering 
to vote has perfected his qualifications as an elector under 
the constitution and laws of this State. The chairman of Chairman to 
said inspectors in each election district shall, if present, nam e unce 
and if absent, then one of the other inspectors shall, upon 
any person offering to vote, announce in a loud, clear and 
distinct manner the name as given of such person; and no 
ballot shall be received by any of the inspectors or deposited who shall 
in the ballot-box until at least two of said inspectors shall, vote ' 
as hereinabove provided, have examined and found the 
name and residence of such person and have declared the 
same, and that such person is entered as a qualified voter, or 
as one who may become qualified. When, if the vote of Entries, 
the said person is received, each of the inspectors shall,, in 
the register made by him, in the appropriate sub-division 
of the column bearing the heading “Voted,” and opposite 
to the name and residence of such person,* the word “Yes.” 

And one of them shall immediately stamp his tax receipt 
with the word “Voted,” and the number of the election 
district, also the day and year of voting in letters and 
figures. It shall be the duty of each of the inspectors to Ent, ; ies of u - 
note on the said register in his possession, in a suitable and received, 
separate part thereof the name and residence of each and 
every person, if any, whose vote shall in his opinion be re¬ 
ceived in contravention of the provisions of this section or 
the constitution and laws of this State, and the name of 
the inspector or inspectors, if any, who shall so receive or 
deposit in the ballot-box any such vote; and it shall further 
be the duty of each of the inspectors, immediately on the 
close of the polls on the day of election, to compare the 
said registers as kept by them, as herein provided, and 
attach to them a certificate in writing that the same are cor¬ 
rectly checked, and within twenty-four hours after the com- Ee j^r l ° d 
pletion of the canvass of the votes cast in the election to Depart- 
distnCt in which they serve, each inspector shall leave his Ele< 5 tions. 
register at the office of the Department of Elections, where 
it shall be filed and preserved; and in no election district in 
this city shall any inspector who has custody or charge of 
any of the registers, an this chapter provided for, ever per¬ 
mit said register to leave his possession (except it be 
the one filed in the Department of Elections, as provided in 

* So enrolled. 


6 2 


LAWS OF DELAWARE. 


OF ELECTIONS. 


this act) from the time of receiving custody of the same 
until he shall file the same, as provided in this section, 
save in the event of his resignation or removal, and the 
appointment, as provided in this act, of his successor, when 
he shall promptly surrender and turn over the same to him. 

challenges. Section 12. Any person applying to register, or offering 
to vote, or who is registered, may, on any day of registration 
or of election, be challenged by any qualified voter in the 
city, and any one of the inspedtors of eledtion in any elec¬ 
tion district in the city of Wilmington may at any such 
time or times, and one of them shall administer to any per¬ 
son so challenged the following oath or affirmation: 

challenged^ u You do solemnly swear (or affirm) that you will fully and 
truly answer all such questions as shall be put to you touch¬ 
ing your place of residence, name, place of birth, age, your 
qualifications as an eledtor, and your right as such to register 
(or to vote) under the laws of this State.” 

Witness. And may also administer to any person who may be offered 
as a witness to prove or disprove the qualification of any per¬ 
son claiming the right to be registered, or to vote, the follow¬ 
ing oath or affirmation: 

Oath of “You do solemnly swear (or affirm) that you will fully and 
truly answer all questions as shall be put to you touching the 
place of residence and other qualifications as an eledtor of 
the person (name to be given) now claiming the right to be 
registered as a voter (or to vote as the case may be) in this 
district.” 

challenges. Section 1 3. Any person who is a qualified voter in the 
city may, upon the day of registration, or of eledtion, re¬ 
quire the name of any registered person to be marked for 
challenge, and on such day or days shall be entitled to be 
heard by the inspectors of election in any eledtion distridt in 
relation to the corredtness of their registers. 


Party chal¬ 
lengers. 


Section 14. At every eledtion held under the provisions 
of this adt each political party shall have the right to desig¬ 
nate, place and keep a challenger at each place of registra¬ 
tion and voting, who shall be assigned such position imme¬ 
diately adjoining the inspedtors of eledtion and upon the 
inside of the window as will enable him to see each person 
as he offers to register or to vote, and who shall be protected 
in the discharge of his duty by the inspedtors of eledtion. 
Each political party may remove any challenger appointed 




LAWS OF DELAWARE. 


63 


OF ELECTIONS. 


bv it, and all vacancies which, from any cause, shall arise Removal or 
shall be filled by the same party, power and authority as SeSgif 
■conferred the original appointment. 

Section 15. The poll clerks at each poll in any such city Duty of poll 
shall keep, in ink, a poll list in books, to be prepared and clerks ' 
furnished for that purpose, which shall contain a column 
headed “name of voter,” a column headed “residence,” and 
a column headed “remarks.” 

Section 16. The poll books referred to in the preceding Poll books, 
section shall be in the form as follows: 


ELECTION DISTRICT. 


Form of 
poll books. 


RESIDENCE. 

NAME OF VOTER. 

* 

REMARKS. 





The name of each elector voting shall be entered by each Entries in 
poll clerk in the column of his poll list headed “name 0 f pnllbook ’- 
voter,” and the residence of each such ele6Ior in the column 
headed “residence,” and in the column of “remarks,” 
•opposite the name of each person challenged, shall be noted 
the oath or oaths offered and taken by any such person. 

SECTION 17. Ill each eledlion distridl in the city it shall Entries by 
be the duty of the inspedlors of eledlion, immediately after inspectors - 
the close of the polls on the day of any such eledlion, before 
proceeding with the canvass of the ballots in the box, and 
while the poll clerks are canvassing their books, to write, in 
ink, opposite to and against the name of each person entered 
in their registers who is not shown by said Register to have 
voted, and in the column headed “Voted,” in the appro¬ 
priate sub-division thereof, the word “no,” so that the said 
column may be fully filled up, and the said inspectors shall 
then compare the said registers, make them agree, and as¬ 
certain the number of persons who by them are shown to 
have voted at that poll that day, and when they have made 
comparison and ascertained such fact, the chairman of the Announce- 
board of inspectors, or, in his absence, the inspedlor acting Si. 
as such shall announce the same in a loud voice. 

















6 4 


LAWS OF DELAWARE. 


Duty of 
officers after 
the closing 
of election. 


Absence of 
inspectors, 
how reme¬ 
died. 


Absence of 
clerks. 


Proviso. 


Persons ap¬ 
pointed to 
fill vacancies 


What shall 
constitute a 
vacancy. 


Placing of 
ballot box. 


OF ELECTIONS. 

Section 18. From and after the closing of the poll of an 
election and until the conclusion of the proceedings of the 
board of canvass, at the courthouse in the county, as pro¬ 
vided by law, after the day of election, the canvass, tally, 
and certification of the result, shall proceed and be to all 
respeCts in accordance with the existing laws of this State; 
the chairman of each board of inspectors, as constituted by 
this act, performing the duties required by law of an inspec¬ 
tor, and the other two inspectors the duties required of judges 
of election. 

Section 19. If at the time for opening any registration, 
revision of registration or any election, the inspectors or a 
majority of them be not present at the place of registration 
or election, the voters there may, without ballot, by plur¬ 
ality, choose a person to supply the place of every such ab¬ 
sent inspector, but the inspector or inspectors so chosen shall 
be of the same political faith and opinion as the person or 
persons for whose place or places he or they may be 
chosen to fill; and if, at the time aforesaid, either or both 
of the poll clerks be not present at the place of election, 
the inspectors shall choose the person or persons to fill the 
place or places of such absent clerk or clerks; provided , that 
the person or persons so chosen shall be of the same political 
faith and opinion as the person or persons for whose place or 
places he or they may be chosen to fill. When any person 
shall be chosen to fill the place of an absent inspector or poll 
clerk, he shall, before entering upon his duties, take and 
subscribe the oath as provided in Section 3 of this aCt; and a 
blank form of said oath shall be printed or written in the 
back of the register provided to be furnished to the inspectors 
of election under this aCt. The failure of an election officer 
appointed by the Department of Elections to appear and 
enter upon the performance of his duties at the time or times 
prescribed in this aCt for any registration, revision of regis¬ 
tration or election, shall constitute a vacancy, and the person 
or persons selected under the provisions of this seCtion to fill 
any or all such vacancies shall hold office for the unexpired 
term or terms of his or their predecessors, under and subject 
to all the provisions of this aCt respecting the same. 

Section 20. Every ballot-box shall be so placed at a 
window or elsewhere that the voters depositing any ballot, 
and each challenger, may conveniently see every ballot re¬ 
ceived by the inspectors and deposited in the ballot-box. No 







LAWS OF DELAWARE. 


65 


OF ELECTIONS. 


screen or other obstruction to such view of any ballot-box by Screens, 
the voter or challenger shall be allowed. 

Section 21. The said Department of Ele6tions may rent Office for 
some suitable and convenient place in the said city, and fit 
up the same for an office for the use of the said Department 
ot Elections at a yearly rental not to exceed three hundred 
dollars. 

Section 22. No person who is registered in one eledlion Registering 
distri 61 'shall register or cause himself to be registered in “ n ° c r e. than 
another distridl. 


Section 23. For all power, authority, and duties in this Majority of 
act prescribed for or conferred upon and all actions requiredmustco^ur 
of inspectors of eledlion, save where such authority or a6tion 
is specifically allowed to any of said inspedlors, the concur¬ 
rence or assent of a majority of all the inspectors of election 
in any election district must in all cases be obtained. 


Section 24. No person shall be required to serve as an JeqEfreTto 
inspector of election for two successive terms. 5ne V te™. 


Section 25. The several inspectors of election, and poll Election 
clerks, in this act named and created, are and shall be in a p ofllcers - 
courts and proceedings deemed and held respectively to be 
election officers; and it shall be the duty of the said inspec¬ 
tors of election, and poll clerks, respectively, or a majority of Attendance 
said inspectors, to be in constant attendance during the hours officer?! 011 
and times fixed for the discharge of their several duties. 


Section 26. Any inspedlor of eledlion, poll clerk, or any Duty of 
chal^enger, appointed in compliance with the provisions of cers to make 
this a6t, shall at any time between the first day of registration efeafon dL 
or revision of registration, as required by this act, preceding tri6i - 
any election and ten days after the official declaration and 
certificate of the result of any such election, have full power 
and authority to make a thorough and effective canvass of 
the election district in and for which he has been or was 
designated to serve and act upon any day of registration, or 
revision of registration, or election, and to make full inquiry 
respecting any and every resident of any dwelling, building, 
or other place of abode in any such election district, his 
age, term of residence, and qualifications as a voter; but the 
power and authority by this section conferred upon any in¬ 
spector of election, poll clerk, or challenger, shall wholly 


66 


LAWS OF DELAWARE. 


OF ELECTIONS. 

cease upon his resignation or removal from the office or 
position to which he was appointed, or for which he was 
designated. 

Powers an d Section 27. The inspectors of election in each election 
spector of * district, while discharging any of the duties imposed upon 
whUe°hoid- them by this act, shall have full authority to preserve order 
in g eieaion. anc j en f orce obedience to their lawful commands at and 
around the place of registration or election during the time 
of any registration or revision of registration, election or 
canvass, estimate or return of votes, to keep the access to 
such places open and unobstructed; to prevent and suppress 
riots, tumult, violence, disorder and all improper practices 
tending to the intimidation or obstruction of voters, the dis¬ 
turbance or interruption of the work of registration or voting, 
or the canvass estimate or return of votes, and to protect the 
voters and challengers from intimidation and violence, and 
the registers, poll books, boxes and ballots from violence and 
fraud, and to deputize, if necessary, one or more electors to 
communicate their orders and directions and to assist in the 
enforcement thereof. 

tlorTofmem Section 28. The legal compensation of all members of 
bersof De - 1 the Department of Elections shall be paid quarterly on the 
Ekaions,° f last day of March, June, September and December by the 
how paid. 5 t a te Treasurer out of any money belonging to the State not 
Compensa- otherwise appropriated. The compensation of inspectors of 
election offi- election, poll clerks and other officers of election, as pro¬ 
necessary vided for by this aCt, the cost and expenses of all necessary 
howplTd. election notices, posters, 'maps, advertisements, registers, 
books, blanks, stationery, the rent and cost of fitting-up, 
warming, lighting, cleaning and safe keeping of all places 
of registration and polling places; of furnishing, repairing 
and carting ballot-boxes, and the cost of all supplies of 
every kind and nature for elections in said city shall be 
paid as other general election expenses are, and upon proper 
warrants and vouchers made by the Department of Elec¬ 
tions. 

£ i r ity ° o f r city Section 29. It shall be the duty of the city surveyor to 
furnish to the Department of Elections of said city, upon 
their request, a map or maps of the several wards of the city, 
or any and all portions thereof. 

Section 30. Hereafter it shall not be lawful for any of 
the authorities, officers or agents of the said city of Wilming- 


LAWS OF DELAWARE. 


67 


OF ELECTIONS. 

ton to number or re-number, or change the name of any change of 
street, avenue, lane, road or way in the said city, or in any-Same of° r 
wise change or alter any such number or name, save between streets > etc * 
the first day of July and the last day of August, of any year. 

Section 31. It shall be unlawful for any inspedlor of Electioneer- 
elecdion, poll clerk or challenger, during the eledlion or can-gaugin' 
vass of ballots, or any person or persons within the polling cussion. 1 dis ‘ 
place, to electioneer or engage in any political discussion. 

Any violation of this section shall be a misdemeanor, and Penalty, 
shall be punished by imprisonment in the county jail for not 
more than ninety days or by fine not more than two hundred 
dollars, or both. 

Section 32. Whoever, during the sitting of any board 
of inspectors of eledlion in any election district in the city, spirituous 
whether held for the purpose of registration, revision of reg- hquors ' 
istration, reception or canvass of votes, or of making return 
thereof, shall bring, take, order, or send into, or shall 
attempt to bring, take, or send into any place of registration, 
revision of registration, or of eledlion, any distilled or 
spirituous liquors whatever, or shall, at any such time and 
place, drink or partake of any such liquor, shall be 
deemed and held to be guilty of a misdemeanor, and shall Penalty, 
be punished by imprisonment in the county jail for not 
more than ninety days, or* by a fine of not more than one 
hundred dollars, or both. * 

Section 33. If, at any registration, or revision of reg- Personation 
istration of voters, or at any meeting of inspectors of elec¬ 
tion held for such purpose, as provided in this act, any 
person shall falsely personate an eledlor, or other person, and 
register, or attempt or offer to register in the name of such 
elector, or other person, or if any person shall knowingly 
or fraudulently register, or offer, or attempt to make appli- ^ r e 0 g j st g' s in 
cation to register in or under the name of any person, or in tJict n orin 
or under any false, assumed, or fictitious name, or in or ™ n ° e re than 
under any name not his own, or shall knowingly or fraud¬ 
ulently register in two election districts, or, having regis¬ 
tered in one district, shall fraudulently attempt to offer to 
register in another, or shall fradulently register, or attempt 
or offer to register in any election district not having a 
lawful right to register therein, or shall knowingly or will¬ 
fully do any unlawful act to secure registration for himself 
or any other person, or shall knowingly, willfully, or 
fraudulently, by false personation, or otherwise, or by any 


68 


LAWS OF DELAWARE. 


OF ELECTIONS. 


unlawful means, procure, or attempt to cause or procure 
the name of any qualified voter in any election district to 
be erased or stricken from any register of the voters of 
such district, made in pursuance of this act or otherwise 
intimidation than in this act provided; or by force, threat, menace, in¬ 
timidation, bribery, reward, or offer, or promise thereof, or 
other unlawful means, prevent, hinder, or delay any person 
having a lawful right to register or be registered, from duly 
exercising such right, or who shall knowingly, willfully, or 
fraudulently compel or induce, or attempt, or offer to com¬ 
pel, or induce by such means, or any unlawful means, any 
inspector of election or officer of registration in any elec¬ 
tion district, to register or admit to registration any person 
not lawfully entitled to registration in such district, or to 
register any false, assumed, or fictitious name, or any name 
of any person except as provided in this act, or shall know- 
indmdatmn j n gly ? or willfully or fraudulently interfere with, hinder or 
ence wit?" delay any inspector of election, or other officer of registra¬ 
tion in the discharge of his duties, or counsel, advise or in¬ 
duce, or attempt to induce any such inspector or other 
officer to refuse or neglect to comply with or to perform his 
duties, or to violate any law prescribing or regulating the 
same, or shall aid, counsel, procure, or advise any voter, 
person, inspector of election, or other officer of registration, 
to do any act by law forbidden or in this act constituted an 
offense, or to omit to do any act by law directed to be done; 
every such person shall, upon conviction thereof, be ad¬ 
judged guilty of a misdemeanor, and shall be punished by 
imprisonment in the county jail not more than two years, or 
by fine not more than two hundred dollars, or both. 


election 

officer 


Penalty. 


P^sonation Section 34. If at any election hereafter held in the said 
city as provided in this act any person shall falsely personate 
any elector or other person, and vote or attempt or offer to 
vote in or upon the name of such elector or other person, or 
shall vote or attempt to vote in or upon the name of any per¬ 
son whether living or dead, or in or upon any false, assumed 
or fictitious name, or in or upon any name not his own, or 
Fraudulent shall knowingly, willfully or fraudulently vote more than 
once for any candidate for the same office, or shall vote or 
attempt or offer to vote in any election district without having 
a lawful right to vote therein, or to vote more than once or 
to vote in more than one election district, or having once 
voted shall vote or attempt or offer to vote again, or shall 
knowingly, willfully or fraudulently do any unlawful act to 


LAWS OF DELAWARE. 


69 


OF ELECTIONS. 

secure an opportunity for himself or for any other person to 
vote, or shall by force, threat, menace, intimidation, bribery 
or reward or offer or promise thereof, or otherwise, unlawfully intimidation 
either directly or indirectly influence or attempt to< influence ' d l>nbery ‘ 
any elector in giving his vote, or prevent or hinder or at¬ 
tempt to prevent or hinder any qualified voter from freely 
exercising the rights of suffrage or by any such means induce 
or attempt to induce any such voter to refuse to exercise any 
such right, or shall by any such means or otherwise compel 
or induce or attempt to compel or induce any inspector of 
election or other officer of election in any election district to 
receive the vote of any person not legally qualified or entitled 
to vote at the said election in such district, or shall know¬ 
ingly, willfully or fraudulently interfere with, delay or hinder 
in any manner any inspector of election, poll clerk, or other 
officer of election in the discharge of his duty, or by any of 
such means or other unlawful means, knowingly, willfully or 
fraudulently counsel, advise, induce or attempt to induce any 
inspector of election, poll clerk, or other officer of election 
whose duty it is to ascertain, proclaim, announce or declare 
the result of any such election, or to give or make any cer¬ 
tificate, document, report, return or other evidence in rela¬ 
tion thereto, to refuse or neglect to comply with his duty, or 
to violate any law regulating the same, or to receive the vote 
of any person in any election district not entitled to vote 
therein, or to refuse to receive the vote of any person entitled 
to vote therein, or shall aid, counsel or advise, procure or 
assist any voter, person or inspector of election or other 
officer of election to do any act by law forbidden, or in this 
act constituted an offense, or to omit to do any act by law 
directed to be done, every such person shall upon conviction 
thereof be adjudged guilty of a misdemeanor and shall be 
punished for each and every offense by imprisonment in the penalty, 
county jail for not more than two years or by a fine of not 
more than two hundred dollars, or both. 

Section 35. If any poll clerk or inspector of election £°j£gkJ se 
performing the duty of poll clerk shall willfully keep a false entries, 
poll list or shall knowingly insert in his poll list any false 
statement or any name or statement, or any check, letter or 
mark except as in this act provided, he shall, upon conviction 
thereof, be adjudged guilty of a misdemeanor and shall be 
punished by imprisonment in the county jail for not more Penalty, 
than two years, or by a fine of not more than two hundred 
dollars, or both. 


70 


LAWS OF DELAWARE. 


Failure of 
inspector to 
perform his 
duty. 


Penalty. 


Election 
officers mak¬ 
ing false can¬ 
vass or en¬ 
tries, &c. 


Penalty. 


Fraudulent 
voting by in¬ 
spectors,&c. 


OF ELECTIONS. 

Section 36. Every inspector of election who shall will¬ 
fully exclude any vote duly tendered, knowing that the 
person offering the same is lawfully entitled to vote at such 
election, or shall willfully receive a vote from any person 
who has been duly challenged in relation to his right to vote 
at such election without exacting from such person such oath 
or other proof of qualification as may be required by law, or 
who shall willfully omit to challenge any person offering to 
vote whom he knows or suspects not'to be entitled to vote, 
and who has not been challenged by any other person, shall 
upon conviction thereof be adjudged guilty of a misdemeanor 
and shall be punished by imprisonment in the county jail for 
not more than two years, or by a fine of not more than two 
hundred dollars, or both. 

Section 37. Every inspector of election, member of the 
Department of Elections, poll clerk, or other officer author¬ 
ized to take part in or perform any duty in relation to any 
canvass or official statement of the votes cast at any election, 
who shall willfully make any false canvass of such votes, or 
shall.make, sign, publish or deliver any false returns of such 
election, or any false certificate or statement of the result of 
such election, knowing the same to be false, or who shall 
willfully deface, destroy or conceal any statement or certifi¬ 
cate intrusted to his care or custody, shall, on conviction 
thereof, be adjudged guilty of a misdemeanor, and shall be 
punished by imprisonment in the county jail not more than 
two years, or by a fine of not more than two hundred dollars, 
or both. 

Section 38. If any person, other than an inspector of 
election, shall at any election knowingly and willfully put or 
cause to be put any ballot or ballots or other paper having 
the semblance thereof into any box used at such election 
for the reception of votes, or "if any such inspector shall 
knowingly and willfully cause or permit any ballot to be in 
said box at the opening of the polls and before voting shall 
have commenced, or shall knowingly or willfully or fraudu¬ 
lently put any ballot or other paper having the semblance 
thereof into any such box at any such election, unless the 
same shall be offered by an elector and his name shall have 
been found and checked upon the registers, as hereinbefore 
provided, or if any such inspector or other officer, or person 
shall fraudulently, before, during or after the canvass of 
ballots, in any manner change, substitute or alter any ballot, 


LAWS OF DELAWARE. 


7 i 


OF ELECTIONS. 

or shall remove any ballot or semblance thereof from, or add 
any ballot or semblance thereof to the ballots found in any 
box upon the closing of the polls, every such person shall 
upon conviction thereof be adjudged guilty of a misdemeanor, 
and shall be punished by imprisonment in the county jail for Penalty, 
not more than two years, or by a fine of not more than two 
hundred dollars, or both. 

Section 39/ If any member of the Department of Elec- whim ne - 
tions, any inspector of election, poll clerk, or other officer of fy election 17 
registration, election or canvass, of whom any duty is r e- officers - 
quired in this act, or by the general election laws of this 
State (so far as the same are consistent with the provisions of 
this act), shall be guilty of any willful neglect of such duty, of 
any corrupt or fraudulent conduct or practice in the execution 
of the same, he shall, on conviction thereof, be adjudged 
guilty of a misdemeanor, and shall be punished by imprison- penalty, 
ment in the county jail for not more than two years, or by a 
fine of not more than two hundred dollars, or both. 

Section 40. Every inspector of election, poll clerk, or stealing or 
other officer or person having the custody of any record, reg- records, reg¬ 
ister of votes, or copy thereof, oath, return of votes, certifi- lsterSj &c ' 
cate, poll list, or any paper, document, or evidence of any 
description in this act directed to be made, filed or preserved, 
who is guilty of stealing, willfully destroying, mutilating, 
defacing, falsifying, or fraudulently removing or secreting 
the whole, or any part thereof, or who shall fraudulently 
make any entry, erasure, or alteration therein, except as 
allowed and directed by the provisions of this act, or who 
permits any other person to do so, shall, upon conviction 
thereof, be adjudged guilty of a misdemeanor, and shall be 
punished for each and every such offense by imprisonment in Penalty, 
the county jail not exceeding two years, or by a fine of not 
more than two hundred dollars, or both. 

Section 41. Every person not an officer, such as is men- Abetting 
tioned in the last preceding section, who is guilty of any of namedln 
the acts specified in said section, or who advises, procures, bec ‘ 4 ° - 
or abets the commission of the same, or of any of them, 
shall, upon conviction thereof, be adjudged guilty of a 
misdemeanor, and for each and every such offense shall be 
punished by imprisonment in the county jail not exceeding Penalty, 
two years, or by a fine of not more than two hundred dollars, 
or both. 


72 


LAWS OF DELAWARE. 


Perjury. 


Subornation 
of perjury. 


Tampering 
with ballots 
and voters. 


Disobeying 

inspectors. 


Penalty 7 . 


Breach of 
peace, 
violence, 
threats, &c. 


OF ELECTIONS. 

Section 42. Any person who shall be convicted of 
willful false swearing or affirming in taking any oath or 
affirmation prescribed by or upon any examination provided 
for in this act shall be adjudged guilty of perjury. 

Section 43. Every person who shall willfully or cor¬ 
ruptly instigate, advise, induce, or procure any person to 
swear or affirm falsely, as aforesaid, or attempt or offer so to 
do, shall be adjudged guilty of subornation of perjury, and 
shall, upon conviction thereof, suffer-the punishment directed 
by law in cases of perjury. 

Section 44. If any person shall fraudulently change or 
alter the ballot of any elector, or substitute one ballot for 
another, or fraudulently furnish any elector with a ballot 
containing more than the proper number of names, or shall 
intentionally practice any fraud upon any elector to induce 
him to deposit a ballot as his vote and to have the same 
thrown out and not counted, or to have the same counted for 
a person or candidate other than the person or candidate for 
whom such elector intended to vote, or otherwise defraud 
him of his vote, every such person shall, upon conviction 
thereof, be adjudged guilty of a misdemeanor, and shall be 
punished by imprisonment in the county jail for not more 
than two years, or by a fine of not more than two hundred 
dollars, or both. 

Section 45. If any person shall willfully disobey any 
lawful command of any inspector of election, or of any 
board of inspectors of election, given in the execution of 
his or their duty as such at any election, he shall, upon 
conviction thereof, be adjudged guilty of a misdemeanor, 
and shall be punished by imprisonment in the county jail 
for not more than one year, or by a fine of not more than two 
hundred dollars, or both. 

Section 46. If at any registration or revision of regis¬ 
tration of voters or 011 any day of election, or during the 
canvass of the votes cast thereat, any person shall cause any 
breach of the peace or use any violence or threats of* 
violence, whereby any such registration, revision of regis¬ 
tration, election or canvass shall be impeded or hindered, 
or whereby the lawful proceedings of any inspector of elec¬ 
tion, or board of inspectors of election, or poll clerk or 
other officer of such election, or challenger, as hereinbefore 
provided, are interfered with, every such person shall, upon 


LAWS OF DELAWARE. 


73 


OF ELECTIONS. 


conviction thereof be adjudged guilty of a misdemeanor, Penalty, 
and shall be punished by imprisonment in the county jail 
for not more than two years, or by a fine of not more than 
two hundred dollars, or both. 

SECTION 47. If any person shall knowingly or willfully 
obstruct, hinder, assault, or by bribery, solicitation orassault! an 
otherwise interfere with any inspector of election, poll 
clerk or challenger in the performance of any duty re¬ 
quired of him, or which he may by law be authorized or 
permitted to perform; or if any person by any other means 
before mentioned or otherwise unlawfully, shall 011 the day 
of registration, revision of registration, or of election, 
hinder, or prevent any inspector of election, poll clerk or 
challenger in his free attendance and presence at the 
place of registration or of election in the election district 
in and for which he is appointed to serve, or in his full 
and free access and egress to and from any such place of 
registration or election, or to and from any room where 
any such registration or election, or canvass of votes, or 
of making any returns or certificates thereof, may be had, 
or shall molest, interfere with, remove or eject from any 
such place of registration, or poll of election, or of can¬ 
vassing ballots, cast thereat, or of making the returns or 
certificates thereof, any such inspector of election, poll 
clerk or challenger, or shall unlawfully threaten or attempt 
or offer so to do, every such person shall be guilty of a 
misdemeanor, and upon conviction thereof shall be pun¬ 
ished by imprisonment in the county jail for not more Penalty, 
than two years, or by a fine of not more than two hundred 
dollars, or both. 

Section 48. Any inspector of election who shall willfully 
neglect, or when called on shall willfully decline to exercise serve, 
the powers conferred on him in this act for any of the pur¬ 
poses set forth in Section 27 of this act, shall be deemed 
guilty of a misdemeanor, and 011 conviction thereof shall be 
punished by imprisonment in the county jail for not more penalty, 
than one year or by a fine of not more than two hundred 
dollars, or both. 

Section 49. If any person shall steal, or willfully break ^^ n y ? n ° g r 
or destroy any ballot box used or intended to be used at any baiiot-box, 
election, or shall willfully or fraudulently conceal, secrete, or' ° 
remove any such box from the custody of the inspectors of 
election, or shall alter, deface, injure, destroy or conceal any 


74 


LAWS OF DELAWARE. 


Penalty. 


Majority 

decision. 


Penalty. 


Irregulari¬ 
ties and 
detects. 


Prosecution. 


Evidence. 


Duty of 

Attorney 

General 


Inconsistent 
acts re¬ 
pealed. 


OF ELECTIONS. 

ballot which has been deposited in any ballot-box at such 
election, or any poll list used or intended to be used at such 
election, or any report, return, certificate, or other evidence 
in this act required or provided for, shall, on conviction 
thereof, be adjudged guilty of a misdemeanor, and shall for 
each and every such offense be punished by imprisonment in 
the county jail for not more than two years, or by a fine of 
not more than two hundred dollars, or both. 

Section 50. If, in any election district, in any registra¬ 
tion, or revision of registration of voters, or at any election 
hereafter held in said city, any inspector of election, or poll 
clerk, shall knowingly or willfully admit any person to regis¬ 
tration, or make any entry upon any register of voters or 
poll books, or receive any vote, or proceed with a canvass of 
ballots, or shall consent thereto, unless a majority of the in¬ 
spectors of election in said election district are present and 
concur, he shall, upon conviction thereof, be adjudged guilty 
of a misdemeanor, and shall be punished by imprisonment 
in the county jail for not more than sixty days, or by a fine 
of not more than one hundred dollars, or both. 

Section 51. Irregularities or defects in the mode of 
noticing, canvassing, polling or conducting any election 
authorized by this act shall constitute no defense to a prose¬ 
cution for a violation of the provisions of this act. 

Section 52. Upon any prosecution for procuring, offer¬ 
ing or casting an illegal vote, the accused may give in evi¬ 
dence any fact tending to show that he honestly believed upon 
good reason that the vote complained of was a lawful one. 

Section 53. It is hereby made the special duty of the 
Attorney-General of the State of Delaware to immediately 
prosecute all complaints which may be made of a violation 
of any of the provisions of this act to final judgment; and it 
shall be the duty of the Department of Elections to notify the 
said Attorney-General of all violations under this act. 

Section 54. That all laws or parts of laws heretofore 
passed inconsistent with any of the provisions of this act be 
and the same are hereby repealed. 

Passed at Dover , May 13, 1891. 


CONSTITUTIONAL PROVISIONS 


AND OTHER LAWS 


RELATING TO THE GENERAL AND SPECIAL ELECTIONS. 


Provisions of the State Constitution. 


Article I. 

Sec. 3. All elections shall be free and equal. Elections. 

Article II. 

% 

Sec. 2. The representatives shall be'chosen for two years Representa- 
by the citizens residing in the several counties. * * 

SEC. 3. The senators shall be chosen for four years by Senators, 
the citizens residing in the several counties. * * * * 

If the office of representative, or the office of senator, vacancies, 
become vacant before the regular expiration of the term 
thereof, a representative or a senator shall be elected to fill 
such vacancy, and shall hold the office for the residue of 
said term. 

When there is a vacancy in either house of the General 
Assembly, and the General Assembly is not in session, the 
Governor shall have power to issue a writ of eledtion to fill 
such vacancy; which writ shall be executed as a writ issued 
by the speaker of either house in case of vacancy. 

I 

Sec. 13. When vacancies happen in either house, writs Vacancies, 
of election shall be issued by'the speakers respedtively, or in 
cases of necessity, in such other manner as shall be provided 
by law; and the persons thereupon chosen shall hold their 
seats as long as those in whose stead they are eledted might 
have done, if such vacancies had not happened. 

6 W 


CONSTITUTION OF DELAWARE. 



OF ELECTIONS. 

Article III. 

Governor. Sec. 2. The Governor shall be chosen by the citizens of 
the State. The returns of every eledtion for Governor shall 
Election re- be sealed up, and immediately delivered by the returning 
officers of the several counties to the Speaker of the Senate, 
or in case of the vacancy of the office of the Speaker of the 
Senate, or his absence from the State, to the Secretary of 
State, who shall keep the same until a Speaker of the Senate 
shall be appointed, to whom they shall be immediately de¬ 
livered after his appointment, who shall open and publish 
the same in the presence of the members of both houses of 
the Legislature. Duplicates of the said returns shall also be 
immediately lodged with the prothonotary of each county. 
'The person having the highest number of votes shall be 
Election ‘Governor: but if two or more shall be equal in the highest 
contested. tlum | 3er 0 f votes, the members of the two houses shall, by 
joint ballot, choose one of them to be Governor; and if, upon 
such ballot, two or more of them shall still be equal and 
highest in votes, the Speaker of the Senate shall have an 
additional casting vote. 

Contested eledtions of a Governor shall be determined bv 

j 

a joint committee, consisting of one-third of all the members 
of each branch of the Legislature, to be selected by ballot of 
the houses respectively: every person of the committee shall 
take an oath or affirmation, that in determining the said elec¬ 
tion, he will faithfully discharge the trust reposed in him; 
and the committee shall always sit with open doors. 

Article IV. 

Elections, SEC. i. All elections for Governor, Senators, Representa- 
,vhen held. t * ves ^ 5p er jff Sj anc [ Coroners, shall be held on the Tuesday 

next after the first Monday in the month of November of the 
year in which they are to be held, and be by ballot. 

voters. And in such elections every * * * male citizen, of the 

age of twenty-two years or upwards, having resided in the 
Amendment State one year next before the election, and the last month 
thereof in the county where he offers to vote, and having 
within two years next before the election paid a county tax, 
which shall have been assessed'at least six months before the 
eledtion, shall enjoy the right of an eledtor; and every * * 
* male citizen of the age of twenty-one years and under 
the age of twenty-two years, having resided as aforesaid, 
shall be entitled to vote without payment of any tax: Pro- 



CONSTITUTION OF DELAWARE. 



OF ELECTIONS. 


vided that no person in the military, naval, or marine service 
of the United States, shall be considered as acquiring a resi¬ 
dence in this State, by being stationed in any garrison, bar¬ 
rack, or military or naval place or station within this State; 
and no idiot, or insane person, pauper, or person convidted 
of a crime deemed by law felony, shall enjoy the right of an 
eledlor; and that the Legislature may impose the forfeiture 
of the right of suffrage as a punishment for crime. 


Sec. 2. Electors shall in all cases, except treason, felony f ^ !1 a e r g r ^ t 
or breach of the peace, be privileged from arrest during their 
attendance at elections, and in going to and returning from 
them. 


Article YII. 


Sec. 2. The representative, and when there shall be more Representa- 
than one, the representatives of the people of this State in g^s!" 
Congress, shall be voted for at the same places where repre¬ 
sentatives in the State Legislature are voted for, and in the 
same manner. 


Sec. 3. The sheriff and coroner of each county shall be Sheriff and 
chosen by the citizens residing in such county. They shall c< F oner - 
hold their respedlive offices for two years if so long they be¬ 
have themselves well, and until successors be duly qualified; 
but no person shall be twice chosen sheriff upon election by 
the citizens in any term of four years. They shall be com¬ 
missioned by the Governor. The Governor shall fill vacan¬ 
cies in these offices by appointments to continue until the 
next election and until successors shall be duly qualified. 

The Legislature, two-thirds of each branch concurring, may 
vest the appointment of sheriffs and coroners in the Gov¬ 
ernor; but no person shall be twice appointed sheriff in any 
term of six years. 

Article IX. 


The General Assembly, whenever two-thirds of each house Amend- 
shall deem it necessary, may, with the approbation of the' mnt " 
Governor, propose amendments to this constitution, and at 
least three and not more than six months before the next 
general election of representatives, duly publish them in 
print for the consideration of the people; and if three-fourths 
of each branch of the Legislature shall, after such an elec¬ 
tion and before another, ratify the said amendments, they 
shall be valid to all intents and purposes as parts of this 



7 § 


CONSTITUTION OF DELAWARE- 


Convention. 


Majority. 


OF ELECTIONS. 

constitution. No convention shall be called but by the 
authority of the people: and an unexceptionable mode of 
making their sense known, will be for them at a special 
election on the third Tuesday of May in any year to vote 
by ballot for or against a convention as they shall severally 
choose to do; and if thereupon it shall appear that a majority 
of all the citizens in the State, having right to vote for 
representatives, have voted for a convention, the General 
Assembly shall accordingly at their next session, call a con- 
vention, to consist of at least as many members as there are 
in both houses of the legislature, to be chosen in the same 
manner, at the same places, and at the same time that repre¬ 
sentatives are by the citizens entitled to vote for representa¬ 
tives, on due notice given for one month, and to meet within 
three months after they shall be eledled. The majority of 
all the citizens in the State, having right to vote for repre¬ 
sentatives, shall be ascertained by reference to the highest 
number of votes cast in the State at any one of the three 
general eledlions next preceding the day of voting for a 
convention, except when they may be less than the whole 
number of votes voted both for and against a convention, in 
which case the said majority shall be ascertained by reference 
to the number of votes given on the day of voting for or 
against a convention ; and whenever the General Assembly 
shall deem a convention necessary, they shall provide by law 
for the holding of a special election for the purpose of ascer¬ 
taining the sense of the majority of the citizens of the State 
entitled to vote for representatives. 


LAWS OF DELAWARE. 


79 


OF ELECTIONS. 


General Provisions Concerning- Elections. 


CHAPTER 16, REVISED CODE. 

/ 

Sec. i. At all elections for State or county officers, the Amended, 
electors shall vote within the hundreds, wards, precincts, or vouHI^ 
eleCtion districts in which they shall respectively have re- placeof 
sided at least fifteen days immediately prior to the time of votms ' 
voting, and not elsewhere. 

SEC. 2. In all elections, unless it be otherwise expressly Plurality 
provided, a plurality, or the highest number of votes, shall deds ' 
make a choice, except where this principle is defeated by two 
persons having the same number of votes for the same office. 

SEC. 3. In all questions of residence, arising under the r ^'f s ei t ^ e: 
provisions of the fourth article of the amended constitution, 
the following rule shall be observed; that if any person, hav¬ 
ing resided within the State, shall actually remove to another 
place out of the State, with an intention of remaining there 
for an indefinite time, as a place of present domicil, he shall 
lose his qualification of residence within the State, notwith¬ 
standing he may entertain a floating intention to return at 
some future period. The same principle shall be applied to 
removals from one place to another within the State. 

SEC. 4. In reading out the ballots at any eleCtion, a Double 
double vote, that is to say, two or more ballots voted together voles - 
by the same person, shall not be counted or tallied, but both 
of the ballots, comprising such double vote, shall be rejected. 

SEC. 5. If in reading out the ballots at any eleCtion, a Amendment 
ballot shall be found to contain the names of more persons vol P h 4 . 21 ’ 
voted for, for any office, than by law ought to be voted for 
for such office, such part of the ballot shall be rejected and 
the residue shall be read. 

Sec. 6. The presiding officer of an eleCtion shall, from Election 
the opening of the same until all the duties and proceedings poitlV 



So 


LAWS OF DELAWARE*. 


OF ELECTIONS. 


connected therewith are fully completed, have power to com¬ 
mand the peace, and to require sureties of the peace from 
any person disturbing the election or the officers thereof in 
the performance of their duties, and to commit to prison for 
Officers and refusal or neglect to find such surety; and all officers, and 
sons "re- 1 " other persons, are required to obey the lawful commands of 
obey d pre- such presiding officer in this behalf, and in default thereof, 
Faiiu?e° fficersuc h officer, or other person, shall be deemed guilty of a mis- 
Fine, *50. demeanor, and shall forfeit and pay a fine of fifty dollars. 

justices of Sec. 7. Every justice of the peace and colledlor shall 
and^ojkc- attend at the place of holding an election in the hundred in 
decdons. end which he shall reside, from the opening until the close of 
Constable such election; and every constable shall attend at the place 
of holding an eledtion in his hundred, and shall there con¬ 
tinue from the opening of such election until all the votes- 
cast thereat shall be read and tallied, and the certificates of 
such eledtion signed, and (if it be at a general eledtion) the 
ballot box sealed. 


Duty of coi- The collector shall have his duplicate, and shall receive 

lector con- 1 ' 

stable’and any tax or taxes offered; and it shall be the duty of every 
the"peace, justice of the peace and constable to take care that the peace 
be kept, and that the eledtion be not interrupted or dis¬ 
turbed. 

/or n negiect If■ any justice of the peace, colledlor, or constable, shall 

ot duty. refuse or negledt to perform the duties by this sedtion en¬ 
joined upon him, he shall be deemed guilty of a misde¬ 
meanor, and shall forfeit and pay a fine of one hundred 
dollars. 


Wilmington. At eledtions held in Wilmington hundred, the mayor and 
officer? alderman of the city of Wilmington shall perform the duties- 
by this sedtion enjoined upon justices of the peace, subjedt 
to the same penalty for default therein. 


officers' 1 SEC. ^ If any inspedtor, collector, assessor, or other pre- 
penahy W siding officer, judge, or clerk of an eledtion, or if a clerk of 
neglect of t j ie p eaC e 5 sheriff, coroner, prothonotary or other officer pre¬ 
siding at a board of canvass, shall negledt to perform any 
duty by the eledtion laws of this State enjoined upon them 
respedtively; or shall use any falsehood, fraud or deceit, or 
be guilty of any corruption, or misbehavior, in performing 
Forfeiture 0 f an Y °f ^ ie sa id duties; such officer, so offending, shall, for 
$ 5 o to#500. every such offence, forfeit a sum, not less than fifty nor 
more than five hundred dollars, to any person who will sue 
for the same. 




LAWS OF DELAWARE. 


Si 


OF ELECTIONS. 

This section shall not extend to any offence or default Proviso, 
against which any fine, forfeiture, or penalty is expressly pro¬ 
vided by any other sedtion of the chapter. 

SEC. 9. If, at any election, the presiding officer, or a penalty for 
judge of the election, shall knowingly and willfully receive, uXwfuf 
or advise and consent to the receiving, of the vote of anvl otes ^ 
person not entitled to vote at such election; or if such pre¬ 
siding officer, or judge, shall knowingly and willfully refuse 
to receive, or advise and concur in refusing to receive, the 
vote of any person entitled to vote at such eledlion, every 
such presiding officer, or judge, shall for every such offence, 
forfeit and pay the sum of two hundred dollars to any person 
who will sue for the same; or such presiding officer, or judge, $50 to $200 
shall for every such offence, be deemed guilty of a misde- fine ' 
meanor, and shall be fined not less than fifty nor more than 
two hundred dollars. Both the aforesaid penalties shall not Proviso - 
be incurred for the same offence; and a conviction upon an 
indictment, or a judgment in an aClion of debt, may be 
pleaded in abatement of the alternative proceeding. But, Perjury, 
in all cases, an offender under this seCtion, shall be further 
liable to be indicted, and punished, as in other cases, for 
willful and corrupt perjury in having violated his oath or 
affirmation as such presiding officer or judge. 

SEC. 10. If any presiding officer of an election, sheriff, or Destruction, 
other person, shall willfully destroy, secrete, conceal, em- tificate of 
bezzle, or purloin, or in any manner counterfeit, alter, or e pSJ; 
vary, any certificate of election, either of a hundred, or of a * 5 °° fine - 
county, or shall willfully do any act or thing whereby to pre¬ 
vent any such certificate from being duly produced, re¬ 
turned, or delivered, according to law; such presiding officer, 
sheriff', or other person, shall, for every such offence, be 
deemed guilty of a misdemeanor, and shall forfeit and pay a 
fine of five hundred dollars. 

SEC. 11. If any person, not entitled to vote, shall vote, niegai 
or offer to vote, at any election, or if any person shall vote, vol " u: ' 
or offer to vote, in a hundred in which he shall not at the 
time of such voting or offering to vote reside; or if any per¬ 
son, having voted once, shall vote, or offer to vote, a second 
time at the same election, either in the same, or in another 
hundred; or if any person shall fraudulently deliver, or offer, 
to the presiding officer of an election, more than a single 
ballot; every person, so offending, shall for every such offence, 
forfeit and pay the sum of one hundred dollars to any per-£ e ™ lty ' 


82 


LAWS OF DELAWARE. 


Penalty. 

$50 to £500. 


Proviso. 


Bribery. 


Penalty. 


Imprison¬ 

ment. 


Forfeiture. 


Disqualifi¬ 

cation. 


Amended 
Vol. 17, 
Chap. 26. 
Accepting 
bribe misde¬ 
meanor. 

Forfeiture. 


OF ELECTIONS. 

son who will sue for the same; or the person so offending 
shall, for every such offence, forfeit and pay to the State a 
fine of not less than fifty dollars, nor more than five hundred 
dollars. Both the aforesaid penalties shall not be incurred 
for the same offence, and a conviction upon an indictment, 
or a judgment in an action of debt, may be pleaded in abate¬ 
ment of the alternative proceeding. 

SEC. 12. If any person shall give, offer or promise, any 
money, goods, chattels or other thing or matter, or release, 
or offer to release any debt, or obligation, by way of bribe, 
gift, benefit, or reward, for the purpose, or with the objeCt, 
of influencing any elector in giving his vote, or in refusing to 
vote, or in absenting himself from the polls at any election; 
or if any candidate for office at an election, shall, at such 
election, influence or attempt to influence, any eleCtor, in 
giving or withholding his vote, or in absenting himself from 
the polls by any the means aforesaid, or by offering to serve 
in such office for nothing, or for a less allowonce than that 
prescribed by law; every such person or candidate shall, for 
every such offence, forfeit and pay the sum of two hundred 
dollars, one-half thereof to be for the use of the State, and the 
other half thereof for the person who will sue for the said pen¬ 
alty; and further, any person or candidate so offending, shall 
be deemed guilty of a misdemeanor, and upon conviction 
thereof by indictment, shall be imprisoned in the public jail 
of the county wherein such offence may be committed for a 
term of not less than one and not more than nine months; 
and for the term of two years next after said conviction such 
person shall forfeit the right of an elector; and if any candi¬ 
date for office, so offending as aforesaid, shall be eleCted, his 
office shall, upon his conviction for such offence as aforesaid, 
be vacated, and he be rendered incapable of serving therein 
for the term for which he shall have been eleCted. 

And if any person shall accept or receive any thing so 
given, offered or promised as above, with the intent, purpose 
and objeCl in this seCtion specified, such persons shall also 
be deemed guilty of a misdemeanor, and upon conviction 
thereof shall, for the period of four years from such con¬ 
viction, forfeit all the rights and privileges of an eleCtor, and 
in case of a second or any subsequent conviction, for a like 
offence, shall forfeit all the rights and privileges of an eleCtor 
for the period of eight years from the date of any such con¬ 
viction, and shall also, during the period of such disfran¬ 
chisement, be incompetent to serve as a juror. Provided , 


Proviso. 






LAWS OF DELAWARE. 


83 


OF ELECTIONS. 

however that when any person, a party to such prohibited informer not 
transadtions, shall inform against the other party thereto, and mdlctaDle ' 
shall give evidence against such other party upon a trial, the 
person so testifying shall not be indidted for that offence. 

Sec. 13. If any person, either before or pending an elec- Bettin «- 
tion, or during the reading and tallying of the votes cast at 
an election, shall, for himself, or for another or others, lay 
any wager or bet on the result of such election, or on the 
eledbion or defeat of any candidate or person voted for at such 
eledtion, every person so offending shall, for every such Penalty, 
offence, forfeit and pay to any person who will sue for the 
same, double the amount of such wager or bet, or double the 
value of the thing betted. The stakeholder shall, in all witness, 
cases, be a competent witness to prove such illegal wager. 

SEC. 14. If any stakeholder, or person with whom any on stake- 
money or thing, so illegally betted, shall be deposited, shall holdcl 
at any time, either before or after such bet shall have been 
decided, pay over or deliver, to either or both the persons 
betting the same, or to any other person by the order or for 
the use of them, or either of them, the money or thing so 
illegally betted, every such stakeholder or depositary, shall 
be liable to the same forfeiture to which the person betting 
may be liable under the next foregoing section; either of the 
persons betting shall be competent witnesses against such witness, 
stakeholder. 

SEC. 15. If any person shall, on the day of an election, Breaches of 
or during the reading and tallying of the votes, at any place the i - l ’ 
where such election is held, or within one mile thereof, com¬ 
mit an assault and battery; or if any person shall interrupt 
or disturb the election, or the officers thereof, or any of them, 
in the performance of any of their duties, either in receiving, 
reading or tallying the votes, or shall interrupt or disturb the 
inspectors and sheriff, or other presiding officer, when assem¬ 
bled as a board of canvass, in performing any of the duties 
of such board, every such person shall, for every such Penalty, 
offence, be liable to be held to surety of the peace, and 0 n* I0t0#,0 °' 
failure to give such surety forthwith, to be committed to 
prison, and shall further forfeit and pay to the State a fine of 
not less than ten dollars nor more than one hundred dollars. 

Sec. 16. If any person shall, on the day ot an election, staiisforsaie 
or on the day next before or after such day, make, set up, or^Xa. 
have, any booth, ’stall, or other temporary convenience, for 


84 


LAWS OF DELAWARE. 


OF ELECTIONS. 


Penalty 
$20 tine. 


Selling the purpose of selling any spirituous, vinous, malt, or other 
h?bited pr ° intoxicating liquors, or shall sell, or expose to sale, any 
spirtuous, vinous, malt, or other intoxicating liquors, at any 
place where such election shall be held, or within two miles- 
thereof, or upon any highway, or road, leading thereto; every 
such person shall, for every such offence, forfeit and pay to the 
State a fine of twenty dollars; and it shall be the duty of every 
Duty of offi- justice of the peace or constable, residing in any hundred, to 
abate and remove any such booth, stall, or other temporary 
convenience, so set up or used in such hundred in the man¬ 
ner and for the purpose aforesaid, and to hold the person so 
having or using such booth, stall, or other temporary con¬ 
venience, to surety of the peace, and in default of such 
surety being immediately given, to commit such person to 
prison; and every justice of the peace, or constable, shall 
have authority to command the assistance of any citizen or 
citizens, in the premises. No record need be made of the 
abating or removing of any booth, stall, or temporary con¬ 
venience as aforesaid; but this section and the truth of the 
case may in anv suit be given in evidence under the general 

And no person licensed to sell liquor 


Volume 14, 


^ issue. * * * * * 

Secifo"^ 18 ’shall sell, give away, or dispense any intoxicating liquors on 
SufntoxL 10 the day of any general, special, or municipal election within 

eating 
liquors on 
the day of 
election. 


one mile of the place where the same is held, and such day 
shall be reckoned from the midnight before till the midnight 
after such election; and any person violating this provision, 
shall be guilty of a misdemeanor, and upon conviction 
thereof shall forfeit and pay a fine of not less than fifty nor 
Forfeiture of more than one hundred dollars, and, if holding a license 

license • • ' 9 ' ## 

under this act, shall forfeit the same in addition to such fine, 
and be incapable of receiving a license for the space of two 
years thereafter. 


Misde¬ 

meanor. 

Fine. 


Militia not SEC. 22. If any officer or other person, shall callout or 
out. e ca ec order any of the militia of this State to appear, exercise, or 
muster on the day of any ejection, or within ten days before 
any general election, or three days before any special election 
or election for assessor and inspector, or within three days 
after either of such elections, except in case of invasion or 
insurrection, every such officer or other person, shall for 
renaity, every such offence, forfeit and pay to the State a fine of one 
thousand dollars. 


SEC. 23. In every suit, or action for a forfeiture, or 




LAWS OF DELAWARE. 


S5 


OF ELECTIONS. 

penalty, under the foregoing provisions (except in eases cog- Special bail, 
nizable before a justice ot the peace) special bail may be re- penalties, 
quired of the defendent in double the sum of such forfeiture, 
or penalty, upon affidavit of the person suing, or of any credi¬ 
ble person for him, setting forth the fadts on the ground 
whereof such forfeiture or penalty shall have been incurred. 


CHAPTER 487, VOLUME 12. 

An A(ft Further to Protect the Free Exercise of the Elective Franchise. 

SEC. i. That if any person who is a duly qualified eledtor Obstruction, 
of this State, according to the constitution and laws thereof, ferenc"*"" 
shall hereafter be prevented from voting, or obstructed in his 
effort to vote at any election, by reason of any interference 
by any person or persons, or military power, or other power, 
exercising or attempting to exercise force, intimidation or 
threats, or requiring any qualifications or conditions un¬ 
known to such constitution and laws, he shall be deemed 
and taken to have suffered private damage and injury, and 
shall have civil remedy therefor, in the courts of this State, Civil action 
by adtion of trespass, or on the case, according to the nature for damage ~ 
of the interference, against all and every person or persons 
who promote such interference, whether by adtive participa¬ 
tion, or by advising, counseling, or in any wise encouraging 
the same; and in any trial under this act, the jury, if in their 
opinion the circumstances will warrant it, may give ex¬ 
emplary damages. 

Sec. 2. That it shall be the duty of every citizen of this Citizen to 
State who has knowledge of any design on the part of any Sorrel 15 ' 
other citizen or citizens of this State to promote interference 
with elections, either by soliciting or advising the presence 
of a military force at or near the place or places of holding 
such elections, or by the employment of any other organized 
or unorganized body of men, or by intimidation, or threats, 
forthwith to make public disclosure of such knowledge, stat¬ 
ing, names, by an affidavit to be made before any one of the 
judges of this State, and file the same in the office of the 
clerk of the peace of the county where the judge resides, and 
if any such citizen, having such knowledge, shall fail to 
make such affidavit and cause the same to be filed as afore¬ 
said, he shall be treated as a promoter of the interference 



86 


LAWS OF DELAWARE. 


Limitation. 


Military in¬ 
terference. 


Electors 
shall have 
right to vote 
H ow and 
where. 


Oath. 


OF ELECTIONS. 

mentioned in the first section of this act, and be liable as is 
therein provided. 

Sec. 3. That the limitation of actions commenced under 
this a6t shall be ten years from the time of the accruing of 
the cause of adfion. 


CHAPTER 491, VOLUME 12. 

An Aca Further to Secure the Free Exercise of the Right to Vote at 

Elections. 

SEC. i. That if it shall so happen hereafter that by reason 
of the presence of any military force at or near the place of 
holding an eledtion in this State, under the provisions of 
Chapter 18 of the Revised Code, eledfors duly qualified by 
the constitution and laws of this State to vote at said place 
at said eledlion shall be prevented from, or interfered with, 
in casting their votes, by military force, or the requirement 
of oaths unknown to said constitution and laws, any num¬ 
ber of eledfors, not less than five, shall have the right to 
withdraw from the said place to any other place within the 
voting distridf where such prevention or interference shall 
take place, and having there, by a majority of the eledfors 
present, seledfed a duly qualified elector of said distridf, who 
shall be a freeholder, to adt as inspedtor, to deliver to him 
there their respedtive ballots; which said inspedtor shall receive 
the said ballots and record the name of the voter upon a list 
to be kept by him for that purpose, and immediately write 
upon each ballot the name of the person who delivered the 
same to him—the said inspedtor having first administered to 
each person offering to vote on the ground of his being be¬ 
tween the age of twenty-one and twenty-two years, an oath 
or affirmation in the following words, that is to say: “You 
“do solemnly swear (or affirm) that you are of the age of 
“ twenty-one years, and not arrived at the age of twenty-two 
“years, and that you at this time reside in this hundred, and 
“that you have not voted, and will not vote on this day at 
“any other place in this or any other hundred, and that you 
“have resided in this county one month, and in this State 
“one year next before this eledfion;” and to every person 
offering to vote on the ground of having paid a tax, and 
being otherwise qualified, according to the constitution, the 









I 


LAWS OF DELAWARE. 



OF ELECTIONS. 

following: “You do solemnly swear (or affirm) that you are 
“of the age of twenty-two years, and that you at this time 
“reside in this hundred, and that you have not voted, and 
“ will not vote on this day at any other place in this or any 
“other hundred, and that you have resided in this county 
“ one month and in this State one year next before this elec¬ 
tion; and that you have within two years paid a county 
“ tax which was assessed at least six months before this elec- 
“ tion;” and also the further oath that he has been hindered 
or prevented from casting his vote at the regular place of 
holding the election, by military interference, or by the 
requirement of oaths unauthorized by the constitution and 
laws of this State. 

SEC. 2 . That the polls authorized to be held by the Polls, where 
preceding seCtion shall be held at the place where they are held ‘ 
opened, unless it be impracticable to hold them there, in 
which event they shall be adjourned to some other place, or 
places (if necessary,) in the election district where they are 
opened, and there held, and shall be kept open until five 
o’clock in the afternoon, when the inspector shall close 
them. As soon as such polls are closed, the inspector hold¬ 
ing them, having first ascertained tffe number of ballots cast, 
and for whom and for what office the votes were given, and 
made a certificate thereof, shall seal up the ballots received 
by him in a box or envelope, and keep them safely, together 
with the list of the names of the electors who have deposited 
their ballots with him, until the time of the meeting of the 
board of canvass provided for by the chapter aforesaid, when Return to. 
he shall appear before the said board with the said ballots canvtss! 
and list of voters and his certificate aforesaid, and deliver his 
said certificate to the said board, with an affidavit made by 
him upon the same that it contains a true and faithful state¬ 
ment of the number of ballots received by him as aforesaid, 
the names of the eleCtors who cast them, the number of votes 
for the different persons voted for, and that at the said poll 
held by him he did not, knowingly, receive the ballot of any 
person not a duly qualified voter within his eleCfion district, 
according to the constitution and laws of the State of Dela¬ 
ware, nor did he refuse to receive the ballot of any person so 
qualified, and who had been prevented from voting at the 
regular place of voting by military force or the requirement 
of an oath unauthorized by the constitution and laws of the 
State of Delaware; and that he determined every matter that 
came before him and performed every act and duty required 



Duty of 
Board of 

•Canvass 


Proviso. 


Board of 
Canvass 
may choose 
place of 
meeting, 
in case of 
military in¬ 
terference. 


LAWS OF DELAWARE. 


OF ELECTIONS. 

f 

of him by law touching the election held by him, truly, 
faithfully, and impartially, according to the best of his skill 
and judgment. 

Sec. 3. That it shall be the duty of the board of canvass 
to receive the said certificate, and in ascertaining and certi¬ 
fying the state of the election under the provisions of the 
chapter aforesaid, to take into consideration the number of 
ballots certified by said inspector to have been received by 
him and for whom and for what office the votes were given, 
and give said certificate the same force and effect, and it 
shall have the same force and effedt as a certificate of the 
election officers at any of the regular places of holding the 
eledtion; and the votes given shall be reckoned among the 
number of votes given in the election distridt where they 
were received by the said inspector in the same manner as if 
they had been given at the regular place of voting in said 
district : Provided always , however , That the said board 
shall be, and they are hereby required to hear and determine 
challenges of the right of any person who delivered his 
ballot to the said inspector, and reject any ballot if the 
person who cast the same had not a right to vote under the 
constitution and laws of this State, either from want of 
qualification, or by reason of his having voted at any other 
place in the State where he was entitled to vote on the same 
day. Such of the said ballots, so received by the said in¬ 
spector, as are not rejected by the board of canvass, and also 
the list of voters, and the certificate aforesaid, shall be de¬ 
posited by the said board in the regular ballot-box of the 
election district where they were cast, and the said box shall 
then be immediately resealed by the presiding officer of the 
board of canvass. The said board shall also have power to 
examine,' on oath, the said inspector, touching any matter 
connected with the holding of the election by him, and shall 
have power, if it appear to them that the said election was 
not fairly held by any inspector, to reject his said certificate, 
and throw out the vote returned by him as aforesaid. 

SEC. 4. That if it shall be apparent to a board of can¬ 
vass that any interference with the performance of their du¬ 
ties under Chapter 18 aforesaid, and this a6t, will be attempt¬ 
ed by military force, or, if after they have met, any such 
interference shall be attempted, they shall have power to 
meet at any other place within their county to perform their 
said duties. And further, if any member of a board of can¬ 
vass, or any inspector created by virtue of this a 61 , shall be 




LAWS OF DELAWARE/ 


89 


OF ELECTIONS. 

prevented, by reason of such interference from attending the 
meeting of the board, or if the board, being met, shall be 
prevented by such interference from performing the duties 
incumbent on them, it shall be the duty of the said board to 
adjourn to meet at some other time and other place (if neces¬ 
sary), to perform their duties under the laws of this State, and 
so to adjourn from time to time until such duties can be per¬ 
formed. The duty of attendance upon said board, on the part 
of an inspector created by authority of this act, and the pen¬ 
alties upon him for not appearing, shall be the same as in 
the case of the inspectors regularly elected according to law; 
but no such inspector shall be a member of the board of can¬ 
vass. 

SEC. 5. That nothing herein contained shall limit the Number of 
voting places to two in an election district, but, the emer- umitJdUo 
gencv contemplated above arising, as many different polls d7 s °rict each 
may be held as there are numbers of voters of five or more, 
who under the circumstances aforesaid withdraw from the 
regular place of holding the election for the purpose of cast¬ 
ing their ballots without intimidation or interference. 

SEC. 6. That each inspector created by authority of thiscierk. 
a6t shall have power to appoint a clerk to aid him in the 
discharge of such duties as are clerical, and shall administer 
to him, before he enters upon the discharge of the duties to 
be assigned to him, an oath or affirmation in these words: 

“You do solemnly swear (or affirm) that as clerk of tliisoath. 
“election vou will not use nor assent to any falsehood, fraud 
“or deceit, and that you will keep the polls and perform all 
“your duties truly, faithfully and impartially, so help you 
“God (or so you solemnly affirm). 1 ’ The inspectors and 
clerks shall receive the same compensation as inspectors and 
clerks eleCted and appointed under the present election law. 

*********** 

* 

) 


CHAPTER 396, VOLUME 13. 

An A(it Relating to Voters. * 

SEC. i. That no person of the age of twenty-two years or Voters, their 
upwards who has not resided in this State one year next 
before any election for Governor, Senator, Representatives, 

Sheriffs and Coroners, and the last month thereof in the 



90 


LAWS OF DELAWARE. 


Amended, 
Volume 19, 
Chapter 40. 
Election of 
Assessors, 


Time and 
place ol 
holding 
election. 


Ballots. 


County As¬ 
sessors in 
Wilmington 
hundred! 
continued ii 
office 


Certificates 
of election. 


To whom 
delivered. 


Form. 


OF ELECTIONS. 

county whereof he offers to vote, and not having within two 
years next before the election paid a county tax which shall 
have been assessed at least six months before the election, 
shall enjoy the right of an elector. 


CHAPTER 29, VOLUME 17. 

An Acft in Relation to the Ele<aion of Assessors and Inspectors. 

Sec. i. That hereafter the election of assessors for the 
several hundreds in the respedtive counties in this State, and 
assessors for the assessment districts in Wilmington hundred, 
shall be held by ballot biennially in the hundreds aforesaid, 
(excepting Wilmington hundred, which election for assessor 
shall be held quadrennially) on the Tuesday next after the 
first Monday in November, at the same time and in the same 
places as are now appointed by law for holding the general, 
election, and the said assessors shall be voted for upon the 
same ballots voted for other officers eledted at the general 
eledtion aforesaid. 

The persons now holding the office of county assessor of 
the several distridts of Wilmington hundred shall continue 
to hold office until the general eledtion to be held in the year 
A. D. 1894, or until their successors are duly qualified. 

SEC. 2. Immediately upon closing the eledtion aforesaid 
and ascertaining the state of the vote, the inspedtor and 
judges of the eledtion in the several hundreds aforesaid shall 
make and sign four certificates of the persons eledted as 
assessor and inspedtor for said hundred, and shall cause the 
same to be transmitted without delay, to wit: one to the 
assessor eledted, one to the inspedtor eledted, one to the clerk 
of the peace of the county, to be laid before the levy court, 
and one to the sheriff of the county. Said certificates shall 
be of the following form, viz: 

-— County, ss. 

At an election held in-hundred, on the Tuesday 

next after the first Monday in November, in the year of our 

Lord one thousand eight hundred and-,- 

was duly elected assessor, and-was duly elected 

inspector. 










I 


LAWS OF DELAWARE. 


9 1 


OF ELECTIONS. 

In testimony whereof we, the judges of said election, who 
were in due manner sworn or affirmed before opening said 
election, have hereunto set our hands the day and year afore¬ 
said. 

The person having the highest number of votes for said Con n ting' of 
offices, respectively, shall be chosen; but if two or more votes * 
persons shall have an equal and at the same time the highest ti.-. 
number of votes for either of said offices the inspector shall 
give an additional casting vote. 

Sec. l If the hundred in which said election is held Division of 

* • • ^ # bin nd red 

is divided into two or more election districts, the inspector into several 
and judges of the election in each of said districts shall make d,stncts - 
and sign certificates according to Section 2 of this act, vary¬ 
ing from the form therein prescribed for that purpose by Form of 
omitting the assessor, and in lieu of including the election of cerll,lcate - 
assessor in such certificate they shall make and sign a certifi¬ 
cate of the number of votes given for each candidate voted 
for as assessor. 

SEC. 4. The inspector and judges of each election dis- Meeting of 
trict, where said hundred is divided into two or more election L n ®J? c *, 0 " i 
districts, shall assemble on the day next succeeding said 
general election, at 12 o’clock, M., at the place of voting in Xime 
said hundred as now by law required for the place of assem¬ 
bling of the presiding officers and judges of the election here¬ 
tofore held on the first Tuesday of October respectively, and 
shall ascertain the aggregate number of votes given in all the Ascer ,ain- 
districts of said hundred for each person voted for for asses- ™ e t ^ s of 
sor. The candidate having the highest number of votes 
shall be declared duly elected assessor. If two candidates for Tie 
said office shall have the highest and an equal number of 
votes, an additional casting vote shall be given by the in¬ 
spector of that election district in said hundred as now by 
law given to the presiding officer of said district of the elec¬ 
tion heretofore held on the first Tuesday in October for the 
election of assessors and inspectors. Provided , however , that Not appH _ 
the provisions of this section shall not apply to Wilmington 
hundred. hundred. 

* * * * * * * * * \ * 

Sec. 6. The duties of the assessors and inspectors elected Duties of 
under the provisions of this act shall be the same as those andTntpec- 
prescribed by law for the assessors and inspectors heretofore tors - 
elected on the first Tuesday of October, and all laws applica- 

^ w 
/ 


92 


LAWS OF DELAWARE. 


Present law. 1 
applicable 
when not in¬ 
consistent 
with this acl 


Inspectors 
at last gen¬ 
eral election. 


Vacancies. 


Section I, 
Chapter 20, 
Volume 18. 
Levy Court 
Commis¬ 
sioner to ap¬ 
point inspec¬ 
tor. 

Powers. 

Duty of 
Clerk of the 
Peace. 

Duty of 
Levy Court 
Commis¬ 
sioner. 


OF ELECTIONS. 

ble to assessors and inspectors heretofore elected under the 
provisions of Chapters 17 and 19 of the Revised Statutes of 
this State, and not inconsistent with this act, shall apply to 
assessors and inspectors of the several hundreds and assess¬ 
ment districts hereafter to be elected under the provisions of 
this act. 

Sec. 7. For the purpose of carrying into effect the object 
and purposes of this act, the inspectors at the last general 
election in the several hundreds and election districts in this 
State shall be the inspectors in said several hundreds and elec¬ 
tion districts at the general or any special election to be held 
next succeeding the passage of this act; and in case of any 
vacancy among said inspectors by death, resignation, removal 
out of the hundred or election district, refusal to serve, or 
otherwise, or in case of any such vacancy among the in¬ 
spectors to be hereafter elected as aforesaid, the levy court 
commissioner of the hundred in which such vacancy shall 
happen shall appoint some qualified voter of such district or 
hundred to be the inspector thereof, who shall have all the 
powers and perform all the duties given to and imposed upon 
inspectors of elections; and in case of such vacancy it shall 
be the duty of the clerk of the peace of the county in which 
such vacancy may happen to notify the levy court commis¬ 
sioner of the hundred in which the vacancy exists, who shall 
immediately upon receiving such notice appear in the office 
of the clerk of the peace of the county and appoint some 
person to fill such vacancy. But if, from any cause, such 
vacancy exists at the time of holding said general election, 
the provisions of Section 10, Chapter 18 of the Revised Code, 
1874, shall apply as heretofore. 

*********** 

Sec. 9. All acts or parts of acts inconsistent with the 
provisions of this act be and the same are hereby repealed. 



LAWS OF DELAWARE. 


93 


OF ELECTION'S. 


CHAPTER 21, VOLUME 15. 

Of the General Election. 

Sec. i. The general election, in and for the several Time of 
counties, on the Tuesday next after the first Monday offices 8 
November, shall be held in the respective hundreds of said 
counties [outside the city of Wilmington], at the places here- Volume n.' 
inafter appointed for that purpose, that is to say : 

FOR NEW CASTLE COUNTY. 

In Brandywine Hundred. East Election District, at the Brandywine 
tavern house called the “Practical Farmer;” Southern Elec- Chapter 82, 
tion District, at the store now occupied by Samuel Moore, at^”®”' 
Maplewood; Northern Election District, at Sharpley’s volume i 9 \ 
Schoolhouse. 


In Christiana Hundred. North Election District, at the Christina 
Rodney Inn; South Election District, at district schoolhouse Chapter 385, 
No. 21, at Newport; Western Election District, at house of chlpTeV^’ 
George Lancaster, in Centreville. - volume d. 

In Mill Creek Hundred. Western Election District, at creek 
district schoolhouse No. 37, at Milford Cross Roads; North- chapter 7 , 
ern Election District, at district schoolhouse No. 29, at oumei9 ' 
Hockessin; Eastern Election District, at Marshallton, in the 
storehouse now occupied by David Ecoff. 

I11 White Clay Creek Hundred. East Election District, white ci ay 
at public schoolhouse in the village of Christiana; WestSS! 6Hun * 
Election District, at the old tavern occupied by Benjamin F. 
Herdman, in Newark. 


In Pencader Hundred. In the house now occupied as a Pencader 
tavern by James Merritt, in Glasgow. 


In New Castle Hundred. Northern Election District, at New Castle 
Court House, in the City of New Castle; Southern Election chit” s. 
District, in Red Men’s Hall, in the City of New Castle. volume** 


In Red Lion Hundred. East Election District, at district Red uon 
schoolhouse No. 76, in Delaware City; West Election Dis- Chapter 386, 
trict, in the house now occupied as a tavern by John Sutton, Volume * 3 - 
Jr., in the village of St. Georges. 


\ 


94 ' 


✓ 


LAWS OF DELAWARE- 


OF ELECTIONS. 

st. Georges In St. Georges Hundred . Eastern Election District, at 
chap d ter d 2, the hotel now occupied by William T. Chance, in the village 
volume 14. Q f Odessa; Western Election District, at the hotel now occu¬ 
pied by George W. Ortlip, in Middletown. 

mnfkHun- In Appoquinimink Hundred. At the hotel now occupied 
chapter 4> by James C. Townsend, in the village of Townsend. 

Volume 15. 

Blackbird In Blackbird Hundred. At the office of the Road Com- 
cha n p d te e r d 4 67, missioners for Blackbird Hundred, in the village of Black- 

Volume 18. ’ bird. 


FOR KENT COUNTY. 


Duck creek i n Duck Creek Hundred. At the tavern now called the 

Hundred. . ~ 

-, m Smyrna. 


Kenton 
Hundred. 

Chapter 383, Kenton. 

Volume 13. 


In Kenton Hundred. 


At Kenton Hotel, in the town of 


Little Creek 
Hundred. 


In Little Creek Hundred. At the office occupied by Eze¬ 
kiel W. Reed, in the town of Eeipsic. 


East Dover In East Dover Hundred. Election District No. 
Chapter 415, State House, in Dover; Election District No. 2, 
Volume 17. sdiooihouse, on Governor’s avenue, in Dover. 


in 


at the 
brick 


Hundred. ve ‘ In West Dover Hundred. At the storehouse occupied by 

vofume"i 5 ? 6, Henry Whitaker, in Hazlettville. 


North Mur- In North Murder kill Hundred. At the office occupied by 
Hundred. Garrett Luff, in Camden. 


derkiii Mur " South Murder kill Hundred. Election District No. 1, 

Hundred, at the tavern occupied by George C. Herring, in Felton; 
vohmi e e r i 4 l°'Election District No. 2, at the “Delaware House,” in the 
town of Frederica. 


Hundred" In Mispillion Hundred. At the hotel of Benjamin T. 
Fleming, in Harrington. 

Hundred. In Milford Hundred. At the house occupied as a tavern 
by James Tomlin, in Milford. 


FOR SUSSEX COUNTY. 

“d reek In Cedar Creek Hundred. At schoolhouse of consoli¬ 
dated School Districts Nos. 2, 100, 103 and 104, in the town 
of Milford. 

Hundred" } n Broad kiln Hundred. At the Milton Academy, in 
Milton. 





LAWS OF DELAWARE. 


95 


OF ELECTIONS. 


In Georgetown Hundred. At the Court House, in George-Hundred'' 11 

town. Chapter 217, 

Volume 8. 

In Nanticoke Hundred. At Bethel, or Passwaters’ Cross Namicoke 
Roads, at the house lately occupied by Jacob Carpenter. 

In North l Vest Fork Hundred. At the house now occu-* orthwest 
pied as a tavern by Manlove Adams, in Bridgeville. Hundred. 

In Seaford Hundred. At the Academy, in the town of ffiSred. 

Sea ford. Chapter 384, 

Volume 12. 


In Broad Creek Hundred. At District Schoolhouse No. Broad Creek 

Hundred. 

45 ’ Chapter 12, 

Volume 16. 

In Little Creek Hundred. At Laurel, at the house now untie creek 
-occupied as a tavern by George W. Wootten. Hundred. 


In Dagsboro Hundred. At the house now occupied as ci Dagsboro 
•carriage shop by William Baker. Hundred. 


In Gum boro Hundred. 

Hearn. 


At the office now owned by J. E. 


Gumboro 
Hundred. 
Chapter 13, 
Volume 16. 


In Baltimore Hundred. [Some convenient place in the Baltimore 
village of Roxana to be designated by the inspector, for the Hundred ’ 
time being, of Baltimore hundred.] 

In Indian River Hundred. At the old storehouse of Indian River 
Wesley W. Stevenson. Hundred. 


I11 Lewes and Rehoboth Hundred. At Lewes, 
occupied as a tavern by Edward Watson. 


at the house Lewes and 

Rehoboth 

Hundred. 


SEC. 2. If at any time it shall be impracticable to hold Change of 
the election in any hundred at the place appointed by law, pl ' ue ' 
the inspector of such hundred shall have power to appoint 
some other place in said hundred, as near as can be conveni¬ 
ently obtained to the place herein directed; and he shall give 
public notice of the place so appointed, by advertisements 
posted in at least five of the most public places of the hun¬ 
dred, if circumstances will'admit of such notice being given; 
but if not, then he shall give such public and general notice Notice of. 
as the circumstances will permit. 

Sec. 3. The sheriff of each county shall, after the twen-1 ’allot boxes 
ty-third and before the twenty-seventh day of October in the 
year of holding the general election, deliver to the inspector 
of each hundred of his county two suitable ballot boxes, 


96 


LAWS OF DELAWARE. 


OF ELECTIONS- 

Lists. with a piece of tape and sealing wax, together with a list of 
all the officers to be chosen at the then next general election, 
Lists of an alphabetical list of the names of all the * * * male 

citizens, of the age of twenty-one years and upwards, residing 
Amendment and assessed in such hundred, (or election district, where 
VohTme r fi 4 ; 2 * a hundred is divided into two or more election districts), 
chapter 539,written or printed forms of tally lists, of certificates of 

Section 3, 1 1 m 

Volume 12 election in said hundred, of the oath or affirmation of the 
laiiy lists. i nS p ec tor and the persons to be taken as judges of the elec- 
Cenificates. tion, and of the certificate of administering such oath or 
affirmation, with written or printed directions as to correct¬ 
ing, completing and signing such oath or affirmation, and 
certificate of administering the same, and shall also deliver 
stamp and to each inspector, as aforesaid, a stamp of not less than one 
livered to L 'inch in diameter, with the name or number of the proper 
each ,ns P ec - p un( ] re( t^ ward or election district, and the year, month, and 
Description. ^ a y G f t| ie m0 nth on which such general election shall be 
chapter 330, held; and also ink of a suitable kind to be applied to such 
Penalty for stamp. The said stamp shall be so arranged that the date 
stlmpfax° may be changed. Any judge neglecting or refusing to stamp 
ieceipt. the receipt, when required to be produced, shall be guilty of 
a misdemeanor, and upon conviction thereof shall be fined 
one hundred dollars or imprisoned three months, or both fine 
and imprisonment, at the discretion of the court. 

Boxes, h°w s Ec ^ The ballot boxes shall each be of sufficient size 
to contain all the ballots of the hundred, with one of the tally 
lists and certificates of election; in the lid of one of the boxes 
there shall be a hole, sufficient only to admit with conveni¬ 
ence one ballot; and it shall be furnished with a lock and 
key for securing the lid; the lid of the other box shall be 
without a hole, and it shall be so constructed as to be secured 

with tape and sealing wax. 

~ • 

voters. 1 SEC. 5. The said alphabetical list shall be made and cer¬ 
tified by the clerk of the peace of the county, under his hand 
and seal of office; and, as to every person whose name shall 
be contained in such list, and who shall appear by any certi- 
Naturaiized. fi ca te recorded in the office of said clerk to be naturalized, 
the word “naturalized” shall be distinctly affixed to the 
nishedhT name °f every such person; such alphabetical list shall be 
August. delivered by the clerk of the peace to the sheriff on some day 
in the month of August next preceding the general election. 

ho a w y made! Sec. 6. There shall be two of the said tally lists, each of 
which shall consist of a margin on *the left for the names of 


LAWS OF DELAWARE. 


97 


OF ELECTIONS. 


the person voted for, and squares formed by parallel lines, 
drawn from left to right, and from the bottom to the top of 
the sheet, each square to be sufficient to contain five distindl 
rows or five distindf dots of a pen in each row, and there shall 
be a sufficient number of squares in each row of squares from 
left to right to contain more dots than any person will proba¬ 
bly receive votes in the hundred. 

SEC. 7. There shall be two of the said certificates of elec- Forrn^ of 
tion, which may be according to the following form, vix: 


- county arid - hundred , ss. At the general elec- Amendment 

tion, held in said hundred (Tuesday next after the first Mon- volume ff 

day), in November , A. D. eighteen hundred and -, the 

votes stand as follows: 


For the office of Governor , 

received votes 

received votes 

For the office of Representative in Congress. 

received votes 

received votes 

For the office of Senator in the General Assembly , 

received votes 

received votes 

For the office of Senator in the General Assembly in lieu of —, 

received votes 

recewed votes 

For the office of Representative in the General Assembly , 

received votes 

received votes 


and so on, 

For the office of Levy Court Commissioner , 


received votes for hundred 

received votes for hundred 

For the office of Sheriff. 

received votes 

received votes 

For the office of Coroner. 

received votes 

received votes 


And we further certify that the clerks appointed by us were 
duly sworn or affirmed according to law , and that we were 
duly sworn or affirmed. In testimony whereof we the judges 
of said election for said hundred , have hereunto set our hands 





93 


LAWS OF DELAWARE. 


Form of 
oath. 


Certificate. 
Amendment 
Chapter 362, 
Volume it. 


OF ELECTIONS. 


the day and year aforesaid. In the.saicl written or printed 
forms of certificates, before the same shall be delivered by 
the sheriff as above dire6ted, the name of the county and 
hundred and the date of the year shall be inserted in the 
blanks for said purposes in the foregoing form; and the 
offices to be filled at the election shall be inserted with 
blanks under each to contain the names of the persons who 
may be voted for, with the number of votes; and the offices 
not to be filled at the ele6tion shall be omitted. 

Sec. 8. The form of the oath or affirmation to be ad¬ 
ministered to the inspector and judges shall be as follows, viz: 

I - do solemnly swear (or affirm) that in the election 

to he this day held, I will not knowingly , or willfully, receive, 
or consent to the receiving of the vote of any alien, and also 
that I will not receive, or consent to the receiving of the vote 
of any person whom I shall believe not entitled to vote, unless 
my associates shall adjudge such person to be entitled to vote; 
that 1 will not receive or reject\ nor concur in receiving or 
rejetting, any vote through partiality or under bias; and that 
J will determine every matter that shall come before me , and 
perform every a cl and duty by law required of me , touching 
the said election, truly, faithfully attd impartially, according 
to the best of my skill and judgment; that 1 will cattse the 
ballots that shall be taken at this election to be fairly read 
and ascertained, and a true statement thereof to be made , 
according to the best of my knowledge and ability; and that 
if I shall discover any partiality,'unfairness, or corruption 
in the conducting of the said election, I will disclose the same 
to the attorney general, to the end that the subject may be in¬ 
vestigated, so help me God, (or so I solemnly affirm). There 
shall be three distinct forms of the foregoing oath or affirma¬ 
tion written or printed on one sheet; which forms shall be 
numbered and distinguished as No. i, No. 2, and No. 3. 
On the same sheet, after the last of said forms, shall be writ¬ 
ten or printed a form for the certificate of the qualification of 
the inspe6tor and judges, as follows, to wit: 

- county, and - hundred, ss. We, the subscribers, 

inspector and judges for said hundred of the general election 
therein held on the Tuesday next after the first Monday of 
November, in the year of our Lord one thousand eight hun¬ 
dred and - certify, that on said day, before opening the 

said election in said hundred, the foregoing oath or affirma¬ 
tion was duly administered to each of us, according to law; 






LAWS OF DELAWARE. 


99 


OF ELECTIONS. 

the blanks in which said certificate shall be filled by the 
sheriff, or by his order, before delivering the same to the in¬ 
spector. 

SEC. 9. The inspector of each hundred shall, within two Notice of 
-days after receiving from the sheriff a list of officers to be electl0 ‘ l 
chosen at the general eledtion, give public notice of the time 
and place of holding the then next general eledtion in his 
hundred, and of the officers to be voted for at such election, 
by advertisements posted in at least five of the most public 
places in his hundred. 

SEC. 10. If at the time for holding the general eledtion Substitute 
there shall be no inspector of any hundred, or if he shall be' 1 ms,peaor 
absent from the place of election at nine o’clock of the fore¬ 
noon of the day of the election, the electors there shall pro¬ 
ceed forthwith, without ballot, to choose from among the 
qualified voters of the hundred there present an inspector of 
the hundred; and in choosing such inspector, the justices or 
justice of the peace residing in the hundred, and if no such 
justice shall be present, the constables or constable of the 
hundred who may be present, and if no such constable shall 
be present, then two qualified voters of the hundred, to be 
nominated and appointed bv the electors, shall be the judge 
or judges. 

Sec. 11. The inspector shall be a judge of the general judges ot 
election, and the presiding officer. There shall also be two elecbon ' 
other judges of the said eledtion, to be chosen from among 
the qualified voters of the hundred, as follows, that is to say: 
one of the said judges shall be chosen by the inspector, and h ow chosen 
the other by the person who at the eledtion for inspedtor next 
previous received the next highest number of votes for said 
office. If at the time for opening the general eledtion the Failure to 
said judges or either of them shall not have been chosen as ele,:l j ud s es - 
aforesaid, a majority of the voters then present may select 
such judge, or judges, in such manner as at the time may be 
deemed most expedient for ascertaining the sense of the ma¬ 
jority. 

SEC. 12. If any person chosen to be a judge of an elec- Penalty for 
tion shall refuse to serve, he shall forfeit and pay to the Statelet? to 
a fine of fifty dollars, upon conviction thereof by indidtment 
in the Court of General Sessions of the Peace and Jail De¬ 
livery in the county where such offence is committed. 





lOO 


LAWS OF DELAWARE- 


Oath of 
election 
officers. 


Signed. 


Clerks of 
election. 


Oath. 


Boxes, 
how kept 


OF ELECTIONS. 

SEC. 13. Before opening the election the inspector and 
judges shall each take an oath or affirmation, according to 
the form prescribed in Section 8, such oath to be administered 
to the judges by the inspector, and by one of them to him ;; 
and they shall each, after taking such oath or affirmation, 
sign one of the written or printed forms thereof delivered to- 
the inspector by the sheriff of the county, as provided in 
Section 8, that is to say: the form distinguished as No. 1 
shall be signed by the inspector, his name being first inserted 
in the blank; the form No. 2 shall be signed by one of the 
judges, his name being first inserted in the blank; and the 
form No. 3 shall be signed by the other judge, his name 
being first inserted in the blank. Before signing the said 
forms, it shall be ascertained whether the inspector, or either 
of the judges, conscientiously refuses to take an oath; and in 
case of such conscientious refusal the form for the person so 
refusing shall be made correct by effacing the words “ swear 
or" in the beginning, and “ so help me God" in the end of 
the form; but as to the person who shall not conscientiously 
refuse to take an oath, the form shall be made correct by 
effacing the words, “ or affirm" in the beginning, and the 
words "or so I solemnly affirm " at the end of the form. 
The inspector and judges shall also sign the certificate of 
their qualification as written or printed upon the sheet con¬ 
taining the aforesaid forms. 

Sec. 14. Blach of the said judges, after being duly quali¬ 
fied, shall choose one clerk of the election, to whom the 
inspector, or one of the judges, shall administer an oath or 
affirmation, as follows: 

You do solemnly swear (or affirm) that as clerk of this 
cledlioji you will not use or assent to any falsehood , fraud or 
deceit , and that you ivill keep the polls , and perform your 
duties , truly , faithfully and impartially , so help you God (or 
so you solemnly affirm). If in reading the votes and keeping 
the tally lists it shall become necessary to appoint one or 
more additional clerks, the inspector and judges may do so; 
administering to each clerk, so appointed, the foregoing oath 
or affirmation. No other certificate need be made of the oath 
or affirmation administered to the clerks than that contained 
in the form of the certificate of election prescribed in the 
second seCtion. 

SEC. 15. Before opening the election, the inspector and 
judges shall also examine the ballot box provided with a 


< i 


LAWS OF DELAWARE. 


I or 


OF ELECTIONS. 


lock and key, and see that the same contains nothing; the 
box shall then be locked and the key delivered to one of the 
judges, who shall keep the same; and the box shall be kept 
by the inspedtor or the other judge, so that the person having 
the key shall not have possession of the box till the same 
shall be opened as herein diredted. 

Sec. 16. The inspector and judges of the eledtion, and Election 
the clerks shall, during the time of the eledtion being open, in a separate 
be and continue in a room or place by themselves, separate room ' 
from the other eledtors; and no person, other than such in- 
spedtor, judges and clerks, during the time of the eledtion 
being open, shall be admitted within such room or place. 

Sec. 17. The general eledtion shall be opened in every Election 
hundred on the Tuesday next after the first Monday in the °ween d the~ 
month of November, in the year in which the same is held, and^ciock 
between the hours of eight and nine o’clock in the morning, a. m 

o <17 Amendment 

by the inspedtor making proclamation that the same is open. Chapter 25,. 

Volume 14. 

SEC. 18. Each qualified eledtor shall deliver a single Mo . de of 
ballot, containing the names of the persons voted for, to the 
inspedtor, who shall audibly pronounce the name of the 
eledtor, which shall be entered in words at length upon a list Po11 lists 
of polls to be kept by each of the clerks, whom the judges 
shall diredt to that duty, and one of the judges shall write 
against it, on the alphabetical list delivered by the sheriff to 
the inspedtor as aforesaid, the word “voted /” there shall be 
no examination of a ballot, except to determine that it is 
single; and the inspedtor shall, immediately after pronounc¬ 
ing the eledtor’s name, put the ballot into the box in his 
presence, unless the vote shall be objedted to. Either of the Tax receipt 
judges may require any person offering to vote on the ground duceVand 
of having paid a tax, to produce the receipt for such tax; ‘wK ed ' 
and if the vote of such person is taken, the said receipt shall How - 
be immediately stamped on the face thereof, by one of the 
judges, with the stamp provided for by Sedtion 3. If a vote Identity - 
be objedted to on the ground that the person offering to vote 
is not the person named in the tax receipt, either of the 
judges may require such person to produce proof under oath 
of his identity. Either of the judges may administer a proper h ow proven 
oath to any person testifying in that behalf, and the question 
of identity shall be determined according to the opinion of a 
majority of the judges. 

SEC. 19. If a vote be objedted to, its admission or rejec- 


1 02 


LAWS OF DELAWARE. 


'Challenged 

"votes. 


“Oath of elec¬ 
tor under 
twenty-two. 


Over 

twenty-two. 


(Refusal. 


Not to be 
-allowed to 
swear, when. 


Perjury. 


Amended 
Volume 17, 
Chapter 32. 
Election 
closed at 6 
o’clock. 
Notice. 

Counting 
votes; mode 
Publicly. 


Custody oi 
boxes. 


Disposition 
•of ballots. 


OF ELECTIONS. 

tion shall be determined according to the opinion of a ma¬ 
jority of the judges; but either of the judges may require 
the inspector to administer to a person claiming to vote, 
whether he have paid a tax or not, the following oath 
or affirmation : You do solemnly swear (or affirm) that 
you are of the age of twenty-one years, and not arrived to the 
age of twenty-two years; and to any person offering to vote 
on the ground of having paid a tax and being otherwise 
qualified, according to the constitution, the following oath 
or affirmation : You do solemnly swear (or affirm) that you 
are of the age of twenty-two years, and that you, at this time, 
reside in this hundred, and that you have not voted and will 
not vote on this day in any other hundred, and that you have 
resided in this county one month, and in this State one year 
next before this election, and that you have, within tivo years, 
paid a county tax which was assessed at least six months be¬ 
fore this election; any person refusing to take such an oath 
or affirmation, if so required, shall not be permitted to vote; 
but no person shall be required or permitted to take either of 
the said oaths or affirmations, if the judges, or a majority of 
them, shall, from their own knowledge or the circumstances 
appearing, consider that such person is not entitled to vote. 

SEC. 20. If any person shall, in taking either of the oaths 
or affirmations mentioned in the foregoing section, swear or 
affirm falsely, he shall suffer the same punishment as shall at 
the time be provided by law against willful and corrupt per¬ 
jury. 

SEC. 21. The election shall be continued open until six 
o’clock in the afternoon, when it shall be closed. The in¬ 
spector shall, one-half hour before closing the election, make 
proclamation that the same will be closed in that time. 

SEC. 22. When the election shall be closed, the inspector 
and judges shall, openly and publicly, unlock the box con¬ 
taining the ballots, and shall remove the lid so far as that the 
ballots can be taken separately from the box. One of the 
judges shall keep in his custody the said box, while another 
shall publicly, in the presence of the other judges and such 
of the electors as shall think proper to be present, take the 
ballots, one by one from the box and read the same. When 
a ballot shall be read, it shall be put into the other box de¬ 
livered by the sheriff to the inspector, as provided in the 
second section, it being first seen that the said box contains 
nothing, and the same being kept during the reading in the 


/ 


LAWS OF DELAWARE. 


103 


OK ELECTIONS. 


possession of one of the judges; and two clerks at least shall Tally, 
keep accurate count of the ballots as they are read, which " " madc ‘ 
shall be done on such tally lists as aforesaid, by writing the 
name of every person voted for in the margin under a desig¬ 
nation of the office for which the vote is given to him, and 
making a distinct dot with a pen in the squares in the row 
against such name for every vote such person shall receive 
for the same office; and each square, when full, shall contain 
five rows of dots, each row consisting of five dots; and each 
clerk shall, upon the reading of the name, repeat it with the 
number of the dots in the row, pronouncing at the last dot in 
the square, “tally full" and at the first dot of the succeed¬ 
ing square, “one of a new" If the same person shall be 
voted for for different offices, his name shall be written in the 
margin for each office, and a just count kept of the votes 
given to him for each office. 

The reading and counting of the votes shall be continued, 
without interruption or adjournment, until completed. 

SEC. 23. When the reading and counting of the votes is Certificates, 
completed, the inspector and judges shall forthwith make and ° result ' 
sign two certificates of the election in their hundred, accord¬ 
ing to the form prescribed in Section 7, stating every office ■Number of 
for persons to fill which votes shall have been given at said ^Te’wHtTen, 
election, the name of every person to whom any vote shall 
have been given for such office, and the number, in words at 
length, of votes given to such person for the said office. The signed, 
tally lists shall be signed by the inspector, judges and clerks, 
and deposited, with one of said certificates, in the box into 
which the ballots shall have been put when read; and the lid Sealed, 
of said box shall be secured by tape, crossed and sealed in 
sealing wax, by one of the judges (not being the inspector). 

The other certificate and the ballot boxes shall be kept by the Custody, 
inspector, and produced at the court house as required in the 
section next following. 

SEC. 24. The inspectors of the several hundreds in each Meeting of 
county shall meet on the Thursday next succeeding the day ,nspectors ‘- 
of the general election, at twelve of the clock, noon, at the 
court house of their county. The inspectors of New Castle Amended 
county shall meet on the Thursday succeeding the day of the voufme 
general election, at ten o’clock a. m., at the court house of Board of 
the county. The sheriff of the county shall attend at the canvass ‘ 
same time and place; and the said sheriff and inspectors shall 
be a board of canvass, of which the sheriff shall be the pre- 






LAWS OF DELAWARE. 


I 04 


Inspectors 
to produce 
•certificates. 


And boxes, 
stamps, &c. 

Sealed box 
may be 
■opened; 
when. 


To be sent 
in case of 
•death, &c. 


Penalty for 
not attend¬ 
ing board of 
•canvass. 


Arrest. 


OF ELECTIONS. 

siding officer; but if the sheriff shall be dead, or shall not 
attend, then the coroner of the county shall be a member 
and the presiding officer of the said board; but if the coro¬ 
ner shall not be in attendance, the prothonotary of the 
county shall be a member and the presiding officer of said 
board; but if he shall not be in attendance, then the inspec¬ 
tors present shall appoint one of their number to be the pre¬ 
siding officer of said board, and the said board may appoint 
clerks as they may deem proper. 

SEC. 25. Each inspector shall, at the said time and place 
last mentioned, deliver to the sheriff, or other presiding 
officer of the board, the certificate of election for his hun¬ 
dred, so signed as aforesaid, and also the ballot boxes, the 
one being secured as aforesaid, and shall also deliver the 
stamp and appurtenances mentioned in Section 3. If the 
certificate of election for any hundred cannot be produced, 
the ballot box for that hundred may be opened and the cer¬ 
tificate therein contained taken and used, and again de¬ 
posited in said box, which shall be secured as before. 

SEC. 26. If any inspector, after the election and before 
the meeting of the board of canvass, shall die, or be pre¬ 
vented from attending the meeting by sickness, or accident, 
the certificate of election and ballot boxes for his hundred 
shall be sent by safe and secure conveyance (for the safety of 
which the inspector, or his executors or administrators, or 
heirs, shall be responsible), on the said Thursday next suc¬ 
ceeding the day of the general election to the court house of 
the county, and there to be delivered to the sheriff of the 
county, or other presiding officer of the board of canvass, by 
twelve of the clock, noon. 

SEC. 27. If any inspector shall neglect or refuse to at¬ 
tend the said board of canvass, not being necessarily pre¬ 
vented as aforesaid; or, if the certificate of election, or the 
ballot boxes for any hundred, shall not be produced or sent 
and delivered to the sheriff, or other presiding officer of the 
board of canvass, as before required, the sheriff, or other pre¬ 
siding officer of the board of canvass, shall have power to 
issue his warrant, under his hand, to any person or persons 
whom he may appoint, commanding such person or persons, 
without delay, to arrest and bring to the meeting of the board 
of canvass such inspector so neglecting or refusing to attend, 
and to obtain and produce to the board of canvass the certi¬ 
ficate of election and ballot boxes which such inspector 


LAWS OF DELAWARE. 


J 05 


OF ELECTIONS. 

ought to have produced and delivered to the sheriff, or pre- Production 
siding officer of said board; or if a command for arrest shall ^T&c. 
at any time be improper, then such warrant may command 
the person or persons to whom it shall be directed, without 
delay to obtain and produce to the board of canvass the cer¬ 
tificate of election and ballot boxes that shall not have been 
produced, or sent and delivered as hereinbefore required; and 
the person or persons to whom such warrant shall be directed 
are required and strictly enjoined to execute the same, and 
to call and command any assistance that may be required. 

SEC. 28. The said board of canvass shall publicly, in the Summary of 
presence of such electors of the county as shall think proper v,te 
to be present, ascertain the state of the election throughout 
the county, by calculating the aggregate amount of all the 
votes for each office that shall have been given, in all the 
-hundreds of the county, for every person voted for for such 
^office. 

SEC. 29. After the state of the election shall have been Certificate* 
ascertained, by calculating the votes as aforesaid, the sheriff ° 
or other presiding officer of the board of canvass and the in¬ 
spectors present at the said board shall, before any adjourn¬ 
ment or separating of said board, make under their hands 
the following certificates, to wit: four certificates of the elec- Governor, 
tion of Governor, certifying in words at length the number 
of votes given for every person voted for for that office; two Representa- 
certificates of the election of a representative or representa- gr esi n Coa ' 
tives, as the case may be, of this State in the House of Rep¬ 
resentatives of the United States in Congress, certifying in 
words at length the number of votes given for every person 
voted for for that office; two certificates of the election of Senators, 
senator or senators, and two certificates of the election of Representa- 
representa tives for the county in the General Assembly; two sheriff, 
certificates of the election of sheriff; two certificates of the Coroner, 
election of coroner; and one certificate of the election of levy Levy court, 
court commissioners, or of such said officers as shall have 
been voted for at the said election. The sheriff, or other Inclosing 
presiding officer of the board of canvass, shall inclose and ? n nd ,ndors ~ 
seal up each of said certificates separately in a paper, with 
an indorsement thereon describing the certificates inclosed. 

Upon the paper inclosing the certificates of the election of 
senators or representatives in the General Assembly, the 
names of the person chosen shall be indorsed. 


io6 


LAWS OF DELAWARE. 


Form of 
certificates. 


Amendment 
Chapter 362 
Volume 11. 


How.filled 
up. 


Governor. 


Representa¬ 
tive in Con¬ 
gress. 


Senators. 

Representa¬ 

tives. 


OF FLECTIONS. 


SEC. 30. The aforesaid certificates may be according to> 
the following form, to wit: 

The State of Delaware , - county , ss. Be it remem¬ 

bered\ that at the general election held on the Tuesday next 
after the First Monday in November , in the year of our Lord 

one thousand eight hundred and - for - county , 

according to the constitution and laws of the State of Dela- 
ware , [here insert, to wit, if the certificate be of an election 
of Governor or of representative in Congress, the number in 
w T ords at length of votes given for each person voted for for 
said respective offices; if the certificate be of an election of 
senator or of representatives in the General Assembly, or of 
levy court commissioners, or of sheriff or coroner, the names 
of the persons elected] which is manifest by calculating and 
ascertaining the aggregate amount of the votes given for each 
person voted for , according to the provision made by law in 
this behalf In testimony whereof we, the sheriff of the said 

county [or-of the county, presiding officer of the board 

of canvass, duly officiating because of the non-attendance 
(or death, as the case may be), of the sheriff] and the inspec¬ 
tors of the several hundreds of the said comity , who have this 
day met and ascertained the state of the said eleTtion through¬ 
out the said county , as the law requires , have hereunto set our 

hands at the court house in said county , on Thursday the - 

day of November , being the Thursday next succeeding the- 
day of the election aforesaid , in the year aforesaid. 

And the manner of making the insertion aforesaid may be 
as follows, to wit: — 

In case of Governor— 
votes were given for for Governor / 

votes were given for for Governor / 

and so on, naming each person voted for. 

In case of Representative to Congress,— 
votes were given for 
for Representative to Congress; 
votes were given for 
for Representative to Congress; 
and so on, naming each person voted for. 

In case of Senators or Representatives to the General Assem¬ 
bly— was duly chosen Senator [or, and were 

duly chosen Senators] for said county in the General Assem¬ 
bly ; and was duly chosen Senator for said 

county in lieu of late Senator for said 







LAWS OF DELAWARE. 


107 


* 


OF ELECTIONS. 

county in the General Assembly; were 

duly chosen Representatives Jor said county in the General 
Assembly ; 

I11 case of Sheriff or Coroner,— sheriff, &c. 

was duly chosen Sheriff [or Coroner as the case 
may be] of said county; 

And in case of Levy Court Commissioners,— Ley y Court. 

was duly chosen Levy Court Commissioner 
for hundred; and so on. 

SEC. 31. If, by reason of an equal number of votes h avillg- Tie votes, 
been cast for two or more persons for the office of senator or 
representative in the General Assembly, it shall appear to 
the said board of canvass that a vacancy will occur in said 
office, a certificate of such fact shall thereupon be made Certificate 
under the hand of the sheriff or other presiding officer and (iOV ' 
the inspectors present; which certificate shall be delivered 
by the sheriff, or presiding officer, with the aforesaid certifi¬ 
cates of election, to the Governor, as hereinafter is provided. 

Sec. 32. The sheriff or other presiding officer of theHowdeiiv- 
board of canvass shall, either personally, or by a person med. and 
deputed by him for that purpose, deliver and lodge the said 
certificates of the election for Governor, according to the 
directions of the constitution in this behalf, and shall lodge 
one of said certificates of the election of senator or senators, 
and one of the said certificates of the election of representa¬ 
tives for the county in the General Assembly, in the office of 
the prothonotary of Kent county; and shall deliver one of 
said certificates of the election of representative or represen¬ 
tatives in the House of Representatives of the United States, 
and one of said certificates of the election of sheriff, and one 
of said certificates of the election of coroner, to the Governor, 
and lodge the other of the said certificates, and the said cer¬ 
tificate of the election of levy court commissioners, in the 
office of the clerk of the peace of the county, all within five 
days next ensuing the day of calculating the votes and ascer¬ 
taining the state of the election as aforesaid; and further shall 
deliver, on the first day of the meeting of the General As¬ 
sembly after the election, the other certificate of the election 
of senator or senators to the Senate, and the other certificate 
of the election of representatives for the county to the House t 0 the i. eg . 
of Representatives. The prothonotary of Kent county shall, when" 6 ' 
on any day of the meeting of the General Assembly, deliver, 
if required, the certificate of election of senators or of repre- 
8 W 


io8 


LAWS OF DELAWARE. 


Papers to be 
filed with 
Clerk of the 
Peace. 


Sheriff to 
keep boxes. 


Substitute. 


To be deliv¬ 
ered to the 
Senate, 
when. 


To the 
House, 
when. 


Vacancies. 


OF ELECTIONS. 

sentatives to the order of the house to which it belongs, or to 
any person named in the endorsement thereon. 

SEC. 33. Each inspector shall, on the Thursday next pre¬ 
ceding the day of the general election, deliver into the office 
of the clerk of the peace of his county the oaths or affirma¬ 
tions that shall have been signed by the inspector and judges 
of the election in his hundred, and the certificate of said 
oaths or affirmations being administered, to be made and 
signed as directed in the thirteenth sedlion, and the two lists 
of the polls kept at the election as before directed, and the 
alphabetical list aforementioned, with the notes of “voted ” 
as the same shall have been made thereon; all which shall be 
filed in the office of the said clerk, and shall be public 
records, and as such admissible as evidence. 

Sec. 34. The sheriff shall preserve the ballot boxes con¬ 
taining the ballots, certificate and tally lists deposited therein 
as before directed, safely, and secured in the manner in which 
the same shall have been delivered to him, until the last day 
of February next after the election; and if a sheriff shall 
not be presiding officer of a board of canvass, then the said 
ballot boxes shall be delivered by the presiding officer of said 
board to the sheriff of the county, safely and securely, as soon 
as circumstances will admit thereof. 

SEC. 35. The Senate shall have power to compel a de¬ 
livery, to that body of the ballot boxes aforesaid, or of the 
certificate of the election of Governor, or of the certificate 
of the eledfion of any member or members of that body, 
and for that purpose, to order and cause to be arrested and 
brought before them, any sheriff, coroner, prothonotary, or 
other officer presiding at a board of canvass, and to adjudge 
him guilty of a contempt for negledl or refusal to deliver any 
such certificate, and to proceed against him accordingly; and 
the House of Representatives shall have power to compel the 
delivery of said ballot boxes, or of the certificate of eledlion 
of any members of that body, in like manner and by like 
proceedings. 

SEC. 36. Repealed by Chapter 122, Volume 13, Delaware 
Laws, Sedtion 2. 

SPECIAL ELECTION FOR GENERAL ASSEMBLY. 

SEC. 37. Whenever a vacancy shall happen in either 
branch of the General Assembly, whether by the death, 
resignation, or removal of a member, by a tie vote at the 


LAWS OF DELAWARE. 


IO9 


OF ELECTIONS. 

general eledlion, or otherwise, the speaker of the house in 
which the vacancy happens (if the General Assembly be 
then sitting), or (if it be not sitting at the happening of such 
vacancy), the Governor shall immediately issue writs of elec- writs of 
tion for filling such vacancy, diredted to the sheriff of the dectlon ‘ 
•county in which such vacancy happens. 

SEC. 38. If a writ of eledlion to fill a vacancy in the wl >enexe- 
Senate be issued after an adjournment, without day, of the cute ' 
^General Assembly, and not less than ten days before the 
holding of the general eledlion, the said writ shall be exe¬ 
cuted at the time of holding the next general election; the 
eledlion to fill the vacancy pursuant to said writ being held 
by the same persons and in all respedls as the general elec¬ 
tion, unless a session of the General Assembly shall, in the 
meantime, be convened bv the Governor. 

SEC. 39. If a vacancy shall happen in the House of Rep- Not to issue; 
xesentatives after an adjournment without day, of the General when - 
Assembly, no writ of eledlion shall be issued under Sedtion 
37, unless the Governor shall also issue a writ for convening 
the General Assembly. 

SEC. 40. The sheriff shall, on the next day after receiv- Notice by 
ing a writ of eledtion, unless the same shall be Sunday, and' 
then on the Monday next following, put up on the outside of 
the court house door of his county, and also in one of the 
most public places of each hundred of his county, a procla- Proclama- 
mation reciting the said writ and appointing a day for hold- uon ' 
ing a special eledlion pursuant thereto—such day not to be 
more than five nor less than four days next after the day of 
receiving the writ exclusive of that day; subjedl, however, 
to the provisions of the thirty-eighth section in cases falling 
within that sedtio’n. 

SEC. 41. The sheriff shall also, upon receiving a writ of Notice tom- 
eledtion, deliver a written notice thereof, and of the day speclor ' 
appointed for holding an eledlion pursuant thereto, to the 
inspedtor of each hundred of his county who served at the 
preceding general eledlion; or if such inspedtor of any hun¬ 
dred be dead, removed, or unable to serve, then to the assessor 
of such hundred: and the said sheriff shall, in such written 
notice, require the inspedtor or assessor to produce the cer¬ 
tificate of the eledlion, to be held in his hundred, at the court 
house of his county, on the day next after the day of holding 
the eledlion by twelve o’clock, noon. 


I IO 


LAWS OF DELAWARE. 


Notice by 
inspector. 


Presiding 
officer; who. 


Judges of 
election. 


Place. 


Manner. 


Board of 
Canvass. 
Amended, 
Chapter 432, 
Volume 17. 

Sheriff p re¬ 
sides. 


Substitutes. 


Result. 


OF ELECTIONS. 

I 

SEC. 42. Every inspedlor or assessor receiving such notice 
as aforesaid, shall forthwith give public notice thereof by ad¬ 
vertisements posted in at least five of the most public places 
of his hundred, stating the day and place of the eledlion and 
the officer or officers to be chosen. 

SEC. 43. The inspedlor of the hundred who shall have 
served at the next preceding general eledlion, or in case of 
his death, removal, or inability, the assessor of the hundred, 
shall be the presiding officer for such special eledlion; and if 
both inspedlor and assessor shall be absent from the place ol* 
eledlion at the time for opening the same, the eledlors present 
shall choose a presiding officer, as above prescribed in the 
tenth sedlion of this chapter for choosing a presiding officer 
at the general elecfion. 

SEC. 44. The presiding officer of such special eledlion 
shall, before opening the same, take to his assistance, from 
among the qualified eledlors of the hundred, two persons to 
be judges of the eledlion; who shall be subjecl to the same 
penalty for a refusal to serve, and shall, with the presiding 
officer, be qualified in like manner as is provided in case of 
the general eledlion. 

SEC. 45. Every special eledlion shall be held in each 
hundred at the place appointed by law for holding the gen¬ 
eral eledlion, and shall be opened, condudled and closed at 
the same time, and in the same manner, and under the same 
regulations as the general eledlion. 

SEC. 46. The inspedlors of the several hundreds shall, on 
the day next after the day of holding a special eledlion, at 
twelve of the clock, noon, meet at the court house of the 
county as a board of canvass. The sheriff of the county 
shall then and there attend as the presiding officer of the said 
board; and in case of his absence, the coroner shall adl; and 
in case of his absence, the prothonotarv of the county shall 
adl, and in case of his absence, a presiding officer shall be 
chosen by the inspedlors present. The certificates of the 
eledlion in the several hundreds, shall be produced and the 
state of the eledlion throughout the county shall be ascer¬ 
tained, and certificates thereof shall be made and returned, 
in the same manner and under the same regulations as pro¬ 
vided for the general eledlion; and the sheriff, or other pre¬ 
siding officer of the board of canvass, shall have the same 
power for compelling the attendance of inspedlors and ob¬ 
taining the certificates of eledlion as in case of the general 
eledlion. 


LAWS OF DELAWARE. 


I I r 


OF ELECTIONS. 


CHAPTER 20, REVISED CODE. 

Elecftion of Elecftors of President and Vice President. 


SEC. i. The eledtors to be appointed in this State for the How chosen 
eledtion ot a President and Vice President of the United 
♦States, shall be chosen by ballot by the citizens of the State 
having right to vote for representatives in the General As¬ 
sembly. 

Sec. 2. For this purpose an election shall be held on Election; 
the Tuesday next after the first Monday (in the month of Amendment 
November) of the year in which such electors are to be vofEi 8 ,’. 
chosen, in the several counties of this State at the places in Where - 
the hundreds respectively at which the general election in 
the same year is held; but if it be impracticable to hold the 
eledtion at any such place, the inspedtor shall appoint some 
other place and give notice thereof as prescribed in relation 
to the general eledtion. 

Sec 3. The Governor, in Odtober next preceding every Prociama- 
eledtion to be held pursuant to this adt, shall by proclama¬ 
tion make known the number of the eledtors to be chosen, 
and the day of said eledtion. 

SEC. 4. The eledtion shall be conducted in the same Eieaion, 
manner and form and by the same persons and officers, and dSSed."’ 
under the same regulations in all respedts, as the general 
eledtion for the same year. 

SEC. 5. The inspedtors of the several hundreds shall meet Hoard of 
at the court house of the county on the Thursday next fol- Amended, 
lowing the eledtion at 12 o’clock noon as a board of canvass vokmfJi 4 ^ 2 ’ 
to ascertain the state of the vote in the county. Their pro¬ 
ceedings shall in all respedts be subjedt to the provisions in 
that behalf of Chapter 18, respedting the general eledtion. 

Before separating they shall make under their hands three Certificates, 
certificates of said eledtion in their county, certifying the 
names of all the persons voted for, and the number of votes 
given to each in words at length: which said certificate shall 
within three days after the meeting of the said board of can¬ 
vass be delivered by the presiding officer thereof, personally 
•or by deputy, as follows, to wit: one to the Governor, another 
to the Secretary of State, and the other to the prothonotary 


I I 2 


LAWS OF DELAWARE. 


OF ELECTIONS. 


Howdeiiv- of the county. The lists of the polls, the lists of voters, and 
Papers. alphabetical lists shall be delivered by the several inspectors 
to the clerk of the peace of the county, agreeably to Section 
33 of Chapter 18. 

Prociama- Sec. 6. The Governor shall without delay examine the 
non of result cer ^.£ ca t es an( j asce rtain the eledlors chosen, and make 

known the same by proclamation, and cause notice of his 
Lists - election to be transmitted to each eledlor. He shall also- 
cause three lists of the names of the eiedtors, duly made and 
certified, to be delivered to the eledlors, according to the adt 
of Congress in that behalf on or before the day appointed for 
their meeting. 


No election. Sec. 7. If upon examining the aforesaid certificates it 
shall appear to the Governor that there has been a failure to 
choose one or more of the eledlors to be appointed in this 
State as aforesaid, or if from anv cause eledlors shall fail to 
Legislature be chosen as hereinbefore prescribed, he shall immediately 
convened. i ssue wr it s f or convening the General Assembly, at Dover, 
on the fourth Monday of the same November; and the eledlor 
or eledlors to be appointed in this State for the eledlion of a 
President and Vice President of the United States and not 
chosen at the eledlion held pursuant to the provisions of this 
To appoint, chapter, shall be appointed by ballot by the General Assem¬ 
bly so convened in joint meeting of the Senate and House 
of Representatives. 


choosing Sec. 8. In such joint meeting there shall be a distincl bal¬ 
loting for each eledlor, and a majority of all the votes given 
shall be necessary to an appointment; but if upon any bal- 
Tie - lotings two persons only shall be voted for, and each shall 
receive an equal number of votes, the Speaker of the Senate 
Casting vote shall give an additional casting vote; if upon twice balloting 
in succession more than two persons be voted for, and one of 
said persons on each balloting receive one-half the number 
Controlling of all the votes given, the Speaker of the Senate may, on 
the second balloting, give an additional casting vote to the 
person having one-half of the number of all the votes given, 
or if he decline, the Speaker of the House of Representa¬ 
tives may, if he think proper, give an additional casting vote 
to the person having one-half of said vote. 

Disqualify- Sec. q. No member of the General Assembly for the time- 
being shall be appointed an eledlor of President and Vice 
President under the foregoing sedlion. 





LAWS OF DELAWARE. 


1 1 3 


OF ELECTIONS. 


Sec. io. Certificates of such appointment by the General Certificates, 
Assembly shall be duly made and signed by the Speaker of h °" made ' 
the Senate and the Speaker of the House of Representatives, 
and attested by the clerks of said houses respectively, and 
shall be transmitted by the Speaker of the Senate as follows, 
to wit: one to the Governor, in order that lists may be made, Howdeiiv- 
certified and delivered, according to the aCt of Congress in ered ' 
tha-t behalf, and one to each of the electors appointed. 

Sec. ii. The electors chosen or appointed in this State Electors’ 
lor the election of a President and Vice President of the meeting ' 
United States shall meet and give their votes at Dover on voting, 
the day determined by Congress for that purpose. 

Sec. 12. In case of the death or inability to attend of Substitutes, 
either of the electors, or if either of the eleCtors be not 
present at the said time and place of meeting by twelve of 
the clock, noon, of the said day, the eleCtors present shall 
appoint an eleCtor in the place of him so not present. 

Sec. 13. The eleCtors may employ a clerk, who shall cierk. 
receive for his services the sum of ten dollars. 

Sec. 14. The eleCtors respectively shall receive for at- Lay. 
tendance and travel the same compensation as members of 
the General Assembly, to be paid, as also the compensation 
of the clerk, by the State Treasurer, 011 a warrant signed by Orders, 
the eleCtors, out of any money in the treasury not otherwise 
appropriated. 


CHAPTER 21, REVISED CODE. 

Election of Representatives in Congress. 

SEC. i. An election for choosing a representative or rep- 
resentatives, as the case may be, for the people of this State Amendment 
in the Congress of the United States, shall be held on the ^cSoV^ 2 ’ 
[Tuesday next after the first Monday] of November, in the Volume 
year in which the general election is held, in the several 
counties in this State, at the same places at which the elec- Places, 
tion for members of the General Assembly of this State shall, 
for the time then being be held, in said counties respectively. 

SEC. 2. Such election for representative or representa- how con- 
tives in Congress, shall be conducted in the same manner ducted ' 



Returns. 

Certificates. 
How sent. 

Filed. 

Proclama¬ 

tion. 


•Vacancies; 

how filled. 

Where. 


Writs of 
election. 


Notice by 
Sheriffs. 


and form, by the same persons and officers, and under the 
same regulations in all respedls, as the election for members 
of the General Assembly; and the votes given in each county 
for representative or representatives in Congress, shall be 
calculated and ascertained at the same time and place, in the 
same manner and by and under the same means and regula¬ 
tions as those for members of the General Assembly. 

• 

Sec. 3. Returns shall be made to the Governor as the 
law directs; and the Governor shall, without delay, examine 
the returns, and declare the person or persons elected, and 
shall issue certificates of such election under his hand and 
the great seal of the State; one of which he shall transmit 
to the Secretary of State of the United States, and one to 
the person elected, or if more than one, to each of them; the 
returns shall be filed in the office of the Secretary of State; 
and the Governor shall, by proclamation, make public the 
state of the vote by causing the same to be published in one 
or more of the public newspapers of this State. 

SPECIAL ELECTION. 

SEC. 4. Whenever a vacancy shall happen by death, 
resignation or otherwise, in the representation from this 
State in the House of Representatives of the United States, 
an election shall be held to fill such vacancy- on such dav as 
the Governor shall appoint, in the several counties of this 
State, at the same places which at the time shall be prescribed 
by law for holding the general eledlion. 

SEC. 5. The Governor shall issue writs of election to the 
sheriffs of the several counties, reciting the vacancy, and 
commanding each sheriff to cause an election to be held in 
his county on the day in said writ mentioned, at the places 
by law prescribed for holding the general election in said 
county,- for choosing a representative in place of him whose 
seat shall have so become vacant; which writ shall be deliv¬ 
ered to each sheriff at least seven days before the day therein 
appointed for holding the election. 

Sec. 6. Each sheriff shall, within ten days after receiving 
such writ, put up on the outside of the court house door of 
his county, and also at one of the most public places in every 
hundred of his county, a proclamation reciting the said writ 
and requiring an election to be held pursuant thereto, and 
shall also deliver such a proclamation to the inspector of 
each hundred in his county, who shall have served at the 


OF ELECTIONS. 


LAWS OF DELAWARE. 

i 


1 !5 


general election then next preceding, or in case of his death, 
removal or inability to serve, to the assessor of such hundred. 

SEC. 7. Such inspector or assessor shall forthwith, after Notice by 
receiving such proclamation, give notice of the election by &c. pectors ’ 
advertisements under his hand, posted in at least five of the 
most public places of his hundred. 

Sec. 8 . A special election for representative or repre- Special elec- 
sentatives in Congress, shall be conducted in the same man-held.' ° w 
ner and form, and by the same persons and officers; and 
under the same regulations in all respedts as a special elec¬ 
tion to supply a vacancy in either house of the General 
Assembly; and the votes given in each county shall be 
calculated and ascertained at the same time and place and in 
like manner and bv the same method and regulations as in 
case of such special eledlion. 

SEC. 9. Returns shall be made to the Governor, who shall Returns, 
declare the person elected, and grant certificates and issue 
proclamation as prescribed in the third section of this chap¬ 
ter. 

Sec. 10. It shall be in the discretion ot the Governor Governor’s 
whether to appoint a day for holding such eledtions before ?d r /jme° n a * 
the day of holding the general election next after the hap¬ 
pening of such vacancy; and if the day of holding the 
general election shall be appointed, then the election shall 
be held and conducted and all the proceedings touching the 
same had, according to the provisions of the first three sec¬ 
tions of this chapter. 


CHAPTER 23, REVISED CODE. 

Of Contested Elections. 

SEC. i. Any person intending to contest the election or Contesting 
the eligibility of any one returned by the board of canvass as Legislature, 
a member of either branch of the General Assembly, from 
either of the counties of this State, shall, at least twenty 
days before the meeting of the General Assembly, give 
written notice of such intention to the person whose seat he Notice ot. 
intends to contest, and within ten days after said notice, shall 
deliver to him a written specification of the several grounds Specifica- 
upon which it is intended to contest the said election or the tions - 



Illegal votes. 

Names. 

Grounds. 

Counter spe¬ 
cifications. 


Affidavits. 


Copies, how 
delivered. 


Restrictions 


Costs. 


In frivolous 
cases. 


Costs of 
contest. 


eligibility of the person so returned as aforesaid, and if one 
of said grounds shall be that illegal votes were given at such 
eleCtion for the person so returned, then such specification 
shall particularly set forth the name of each alleged illegal 
voter, with the several objections to the legality of his vote. 

SEC. 2. The person returned as aforesaid shall, within 
fifteen days after receiving such notice, deliver to the person 
so contesting his seat a like specification of objections to the 
right of the contestant to such seat. 

SEC. 3. Every specification as aforesaid shall be verified 
by affidavit of the party delivering the same, stating that he 
verily believes that the grounds of objection set forth are 
substantially true, and that the voters specified as illegal 
voters were not entitled by law to vote at the election in 
question. 

SEC. 4. Copies of said notice and specifications verified 
as aforesaid shall be delivered to the Speaker of the House 
having cognizance of the matter; the contestant to deliver 
his notice and specifications with his petition on the first day 
of the session, and the sitting member so to deliver a copy of 
his specifications to the said Speaker when he delivers them 
to the contestant. 

SEC. 5 In the trial of the case of contested eleCtion the 
parties shall be restricted to the grounds of objection in the 
specifications set forth, and shall not examine into the ille¬ 
gality of any votes other than those specified as illegal, nor 
impeach such votes for any causes other than those so speci¬ 
fied as aforesaid. 

SEC. 6. If the house having cognizance of the matter 
shall determine that the sitting member is not entitled to his 
seat, it may order that the costs incurred by such contested 
eleCtion be paid by the county from which such member 
shall have been returned as duly eleCted; and in that case 
provision for the payment of such costs shall be made by the 
levy court of the said county at its next session after the ad¬ 
journment of the General Assembly. 

Sec. 7. The said house in determining against the claim 
of the contestant may also decide that the proceeding on his 
part is frivolous and vexatious, and may order that he shall 
pay all the costs of the said contested eleCtion; but without 
such order the contestant shall not be liable to costs, and the 
same shall be paid by the State as heretofore in like cases. 


LAWS OF DELAWARE: 


1 1 7 


OF ELECTIONS. 

SEC. 8. Any order for the payment of costs by the COll- Execution 
testant shall be enforced by a writ issued by the speaker Q f fuI costs 
the house in which such election was contested, to the sheriff 
of Kent county, diredfing him to levy and make the amount 
thereof of the goods and chattels, lands and tenements of the 
said petitioner, under which writ the said sheriff shall sell 
the same, or such part thereof as may be necessary to satisfy 
said writ, upon fifteen days’ notice posted as required in cases 
of sale on execution process, and shall pay over the amount 
by him received upon said writ to the State Treasurer, for 
the purpose of reimbursing to the treasury the sums drawn 
therefrom to pay the costs of said contested election. 


CHAPTER 33, VOLUME 17. 

An Acfl in Relation to Contested Elections other than for Members of 

the General Assembly and Governor. 

SEC. i. Any person claiming to be elected to an office to Whoma r 
be exercised in and for any county or hundred may contest 
the right of any person declared to be duly elected to such 
office for any of the following causes, to wit: 1st. For causes, 
mal-conduct on the part of the officers or judges holding the 
election, or any one of them; 2d. When the person whose 
right to the office is contested was not at the time of the 
election eligible to such office; 3d. When the person whose 
right is contested has given to any elector or inspector, judge 
or clerk of the election, any bribe or reward, or shall have 
offered any bribe or reward for the purpose of procuring his 
election; 4th. O11 account of illegal votes. 

SEC. 2. No inequality or improper conduct in the pro- When irreg- 
ceedings of the officers or judges aforesaid, or any one of^n^t in- 
them, shall be construed to amount to such mal-conduct as validate - 
to annul or set aside any election, unless the inequality or 
improper conduct shall have been such as to procure the 
person whose right to the office may be contested to be de¬ 
clared duly elected when he has not received the highest 
number of legal votes cast at said election. 

SEC. l When any election held for an office, exercised Not f voidex 

1 cept in cer- 

in and for a county, is contested for any mal-conduct on the tain cases, 
part of the officers or judges of election, or any one of them, 
in any hundred or election district, the election shall not be 



118 


LAWS OF DELAWARE. 


OF ELECTIONS. 


annulled or set aside upon any proof thereof unless the rejec¬ 
tion of the vote of such hundred or hundreds, election district 
or election districts, shall change the result as to such office 
in the remaining vote of the county. 


Sec. 4. Nothing in the fourth ground or cause of contest 
specified in the first section of this act shall be so construed 
as to authorize an election to be set aside or annulled on 
when set account of illegal votes, unless it shall appear that an amount 
illegal voting of illegal votes has been given to the person whose right to 
the office is contested which, if taken from him, would reduce 
the number of his legal votes below the number of votes 
given to some other person for the same office, after deduct¬ 
ing therefrom the illegal votes which may be shown to have 
been given to such other person. 


Proceeding Skc. 5. In cases arising under the second and third causes 
•eiigfbuky of of contest, specified in section one of this act, a proceeding 
•elected may be instituted under this act against such person by the 
person who received the next highest number of votes for the 
office at the election under which such ineligible person was 
declared elected, notwithstanding the person so contesting 
the election does not claim to have been elected. 


written Sec. 6. When any person authorized to do so under this 
lobe's by act shall desire to contest the right of any person declared 
whS?£ nt ‘ duly elected to such office, he shall, within twenty days after 
•contain. the resil it of the election shall have been officiallv ascertained 

j 

by the board of canvass, or officers legally authorized to as¬ 
certain the same, file with the prothonotary of the Superior 
Court of this State, in and for the county in which said con¬ 
test is made, a written statement, setting forth specifically: 
1st. The name of the person contesting such election; 2d. 
The name of the person whose right to the office is contested; 
3d. The office; 4th. The particular cause or causes of such 
contest; which statement shall be verified by the affidavit 
of the contesting party, that the matters and things therein 
contained are true, as he verily believes, and that the said 
contest is made in good faith. 


alleged in Sec. 7 - When the reception of illegal votes is alleged as 

case of nie- a cause of contest, it shall be sufficient to state generallv 

gal voting. , , ' . , . / 

that illegal votes were given to the person whose election is 
contested in the specified hundred or hundreds, election dis¬ 
trict or election districts, which, if taken from him, will 
reduce the number of his legal votes below the number of 


LAWS OF DELAWARE. 


II 9 


OF ELECTIONS. 

legal votes given to some other person for the same office, 
but no testimony shall be received of any illegal votes unless 
the party contesting such election shall deliver to the op¬ 
posite party, at least four days before the trial, a written list written 
or statement: 1st. Of the number of illegal votes and the ** 

general character of their illegality; 2d. The hundred or^to 
hundreds, election district or districts in which said votes contain - 
were cast; 3d. That he intends to prove, or endeavor to 
proye, the contents of said statement in the trial. And no 
testimony shall be received of any greater number of illegal 
votes than is specified in such list. The name or names of 
the alleged illegal voters need not be given in said list or 
statement. 

SEC. 8. No statement of the cause or causes of contest Nostate- 
shall be rejected, nor the proceedings thereon dismissed for eJTfor wSS* 
want of form, if the particular cause or causes of contest° 0 f r jJ 1 roper 
shall be alleged with such certainty as will sufficiently advise Exce P tion - 
the defendant of the particular proceeding or cause for which 
the election is contested. 

SEC. 9. Before such statement being filed as aforesaid, itDut yo fp r o- 
shall be the duty of the said prothonotary to docket the said thonotar y- 
case in the appearance docket, as an issue to be tried at the 
next succeeding term of the Superior Court of said county, 
and immediately issue a citation for the person whose right citation, 
to the office is contested, to appear on the first day of the 
next succeeding term of said court to make such defence as 
he may have in said case; which citation shall be delivered Notice, 
to the sheriff, or, if he be a party to the contest, to any con- fiuw " er ' ed - 
stable of the county, and be served by him upon the party 
defendant in person, or, if he cannot be found, by leaving a 
copy thereof at the house where he last resided, at least five 
days before the day to which such citation is returnable. 

The original citation shall be returned to said prothonotary Return, 
on or before the first day of the next term of said court after 
it is issued, and the manner of service shall be endorsed 
thereon and signed by the officer serving the same. 

SEC. 10. The court may dismiss the proceedings if the Court may 
statement of the cause or causes of contest do not conform to d,smiss - 
this act, or for want of prosecution. If said proceedings are 
not so dismissed, the case shall proceed upon its merits and 
be tried and determined by the court, by the rules of law and 
evidence governing the determination of questions of law 
and facts in the courts of law in this State, so far as the same 


I 20 


LAWS OF DELAWARE. 


OF ELECTIONS. 


when are applicable. And the said cause shall be tried at the first 
term of said court next after the filing- of the statement of 
the cause or causes of contest, unless the court, for some good 
cause shown by either party, and supported by affidavit, 
deem it necessary for the ends of justice to continue the 
Costs of same. The costs of the continuance may, in the discretion 
con ‘nuance. ^ court, be taxed upon the party applying therefor. 

t 

costs. Sec. ii. The costs in all cases of contest under this act 

shall be awarded to the various parties entitled thereto, in 
the same manner, and as near as can be, to the same amount 
as for like services in other cases tried in said court. 


Trial by Sec. 12. All cases of contest under this act shall be fully 
heard and determined by the court, without the aid or inter- 
Exception. vention of a jury, unless one or both of the parties to the 
contest shall claim a trial by jury, and the court shall, in 
their judgment, determine that it is a case which, under the 
constitution and laws of the State, the party or parties are 
jury. entitled to a trial by jury. In such case a jury shall be em¬ 
panelled and the cause proceed according to the rules and 
practice of the court in jury trials. 

jurisdiction. S^c. 13. In the trial of any contested election under this 
act, the court shall have full authority to make an examina¬ 
tion of the ballots given in such election, so far as the same 
may be necessary to arrive at a correct judgment, and may 
make and enforce by attachment all necessary orders to 
obtain possession of the same, and after hearing the allega¬ 
tions and proofs in the cause, shall render judgment (in 
accordance with the verdict of the'jury, if a jury shall have 
tried said cause), either confirming or annulling such election 
altogether, or declaring some other person than the one 
whose election is contested duly elected. 


cou?t ment ° f SEC._ 14. If it appear by the judgment of the court or 
the verdict of the jury (if there be a jury), that any other 
person than the one whose election is contested received the 
highest number of legal votes, judgment shall be rendered 
declaring such person duly elected; which judgment, if it be 
in relation to an officer entitled under the provisions of law 
Prothonota-'of this State to a commission, must be certified by the pro¬ 
to Governor. thonotary of said court to the Governor, who must cominis- 

Td e me 0 nt s * on suc ^ 1 P erson > an d such judgment shall have the effect of 
ju gment. t j ie p erson whose election is contested of all right 

or claim to such office, and of investing the person declared 
by such judgment duly elected with the right to the same, 


I 2 I 


LAWS OF DELAWARE. 


OF ELECTIONS. 

and the court shall order a writ of possession to issue for the Wri . tfor P° s - 
saine. Said writ shall be directed to the sheriff, or if he be ^ " 
a party to the contest, to any constable of the county. The Fee. 
officer’s fee for executing the said writ shall be the same as 
is now allowed for serving other writs of possession. 

SEC. 15. When the person whose election is contested is when eiec- 
proved to be ineligible to the office, judgment shall be ren- " on 1S v0,d ' 
dered declaring the election void and the office vacant, and 
such proceedings shall then be had as in vacancies happen¬ 
ing from any other cause. When it shall appear that two 
persons have received an equal number of legal votes for the 
same office, the provisions of law heretofore in force for the 
settlement of such cases shall prevail, if there be any such 
provision; if there be none, then the said office shall be 
adjudged and declared vacant, and such proceedings shall vacancies, 
then be had as in vacancies happening from any other cause. how hlled 

SEC. 16. Judgment for costs shall be rendered in all cases Execution 
against the unsuccessful party to the contest, arid execution for costs ' 
may issue against him for the same. 

SEC. 17. Any person contesting any election under the Contestant 
provisions of this act, shall be required to give security for ri t ^fo*cosu 
costs in such amount and manner as the court shall order. 

Such security, however, shall in no case be enforced unless 
judgment for costs be rendered against the contestant. 


CHAPTER 22, VOLUME 18. 

An A eft Concerning the Appointment of Electors of President and Vice 

President. 

SEC. i. Any person intending to contest the election of Notice of 
any one declared by the Governor to have been chosen an election of 
eledtor of President and Vice President of the United States 
shall, within ten days after such declaration by proclamation |7 d n a ^ ithin 
of the Governor, give written notice of such intention to the 
person whose election he intends to contest and also to the 
Governor; and within five days after the delivery of said shall deliver 
notice shall deliver to the person whose election he contests days written 
and to the Governor written specification of the grounds upon 
which it is intended to contest the said eledtion of the person ? rounds - 
so declared to have been eledted as aforesaid; and if one of 
the grounds shall be that illegal votes were given at such 



I 22 


LAWS OF DELAWARE. 


What set 
forth. 


Hundred, 
election dis¬ 
trict or pre¬ 
cinct, shall 
be stated. 


Person 
whose seat 
is contested 
shall within 
ten days de¬ 
liver to per¬ 
son contest¬ 
ing and Gov¬ 
ernor his 
objection. 


Specifica¬ 
tion shall be 
verified by 
affidavit. 


Specifica¬ 
tion verified 
to be deliv¬ 
ered to can¬ 
vassing 
board. 


Parties shall 
be restricted 
to ground of 
objection in 
specifica¬ 
tions. 

The illegal¬ 
ity of other 
votes shall 
not be in¬ 
quired into. 


Party de¬ 
clared elec¬ 
ted or con¬ 
testant may 
apply to the 
Prothono- 
tary of Kent 
County for 
subpoenas. 


OF ELECTIONS. 

elebtion for the person declared to have been elebted, then 
such specification shall particularly set forth the name ot 
each alleged illegal voter, with the several objebtions to the 
legality of his vote; and shall also distinctly set forth and 
state the hundred and elebtion district or precinbt at which 
the alleged illegal vote was cast. 

Sec. 2. The person declared to have been elected as 
aforesaid and who has received notice of contest as aforesaid, 
shall, within ten days after receiving specification of the 
grounds of contest, deliver to the person so contesting his 
election, and to the Governor, a like specification of objection 
to the right of the contestant to be declared an elebtor; and 
in such specification may also state any other ground upon 
which he rests the validity of his election. 

Sec. 3. Every specification as aforesaid shall be verified 
by the affidavit of the party delivering the same, stating that 
he verily believes that the grounds of objection set forth are 
substantially true; and that the voters specified as illegal 
voters were not entitled by law to vote at the elebtion in 
question. 

Sec. 4. The notice and specification verified as aforesaid, 
which shall have been delivered to the Governor, shall be by 
him delivered to the canvassing board, hereinafter created, 
together with the certificates of the votes given for each per¬ 
son voted for for elebtor as returned to him by the respebtive 
boards of canvass under the elebtion laws of this State, on 
the first dav of the assembling of the canvassing board herein 
created. 

SEC. 5. In the trial of the case of a contested elebtion 
the parties shall be restribled to the grounds of objebtions in 
the specifications set forth; and the statements of the other 
grounds upon which the person declared to have been elebted 
rests the validity of his elebtion; and shall not examine into 
the illegality of any other voter other than those specified as 
illegal, nor impeach such votes for any causes other than 
those so specified as aforesaid. 

SEC. 6. Where any contestant or person who has been 
declared elebted, and whose elebtion is contested, is desirous 
of obtaining testimony respebting a contested elebtion, he 
may apply to the Prothonotary of the Superior Court of the 
State of Delaware, in and for Kent County, for a subpoena 


LAWS OF DELAWARE. 


123 


OF ELECTIONS. 

or subpoenas for summoning such witnesses as he may wish 
to appear before the board of canvass at such time as shall 
be in the .subpoenas designated. Such subpoena shall be Subpoenas to 
diredded to the sheriff of the county in which the witness or ?osheriff Jf 
witnesses reside, and shall be served in the same manner as iwSW 
subpoenas for witnesses in civil cases are served. The sheriff nessesreside 
to whom a subpoena may be diredfed shall make return of sheriff shall 
his service thereon to the said board of canvass on the first makereturn ' 
day of its meeting to hear the contest. 

SEC. 7. The Superior Court of the State of Delaware, superior 
in and for Kent County, is hereby created and declared to be sSteofDd- 
a board of canvass to hear and determine all contests 
elections of electors of President and Vice President, with created a 
power to regulate and determine the mode of procedure, and canvass, 
all other matter pertaining thereto as may be necessary 
in carrying out the provisions of this adt and the act of Con¬ 
gress fixing the day of the meeting of eledtors, passed Feb¬ 
ruary 3, A. D. 1887; and it shall be the duty of the Governor, Duty of the 
whenever a notice of contest is served upon him, immediately Governor - 
to make proclamation convening said Superior Court in 
special session at the court house in Dover, on a day to be by 
him named, which shall not be later than the twentieth day 
of December next succeeding the day of the election in the 
year in which the election was held. 

Sec. 8. The said Superior Court, after hearing any con- Duty of the 
test of election of an elector or electors, shall make out and court. 101 
certify, under the seal of the court, the ascertainment of the 
vote of the State for electors, and also certify the names 
of the persons chosen as electors, and cause said ascer¬ 
tainment and certificate, together with all the papers and 
certificates filed in the case, to be delivered to the Governor 
on or before the first day of January next succeeding the day 
of the election at which electors were chosen. 




124 


LAWS OF DELAWARE. 


OF ELECTIONS. 


CHAPTER 329, VOLUME 16. 


An Acfl to Secure Free Elections. 


intimida- Sec. i. That if any person or corporation, existing or 
tioHs a bype’r-doing business in this State, shall hinder, control, coerce or 
sons or cor- intimidate, or shall attempt to hinder, control, or coerce, or 
prohibited. intimidate any qualified elector of this State from or in the 
exercise of his right to vote at any general, special or mu¬ 
nicipal election held under the laws of this State, by means 
of bribery, or by threats of depriving such elector of em¬ 
ployment or occupation, absolutely or contingently, directly 
Penalty. or indirectly, every such person or corporation so offend¬ 
ing shall be guilty of a misdemeanor, and upon conviction 
thereof shall forfeit and pay to the State of Delaware a fine 
of not less than five hundred nor more than two thousand 
dollars, or be imprisoned (if a natural person) not more than 
one year, or both, in the discretion of the court. And every 
Action °i elector so aggrieved may also, in an action of debt brought 
for that purpose, sue for and recover from the person or cor¬ 
poration so offending as aforesaid the sum of five hundred 
dollars. 

Extent of Sec. 2. That in all trials under the provisions of the 
corporations foregoing section, the act or acts of any officer of a corpora¬ 
tion, so far as they affect or concern any employe or servant 
of such corporation, shall be taken and held to be the act or 
acts of the corporation, whether general or special authority 
as to such act or acts from the corporation to such officer be 
shown or not. But nothing herein contained shall be con¬ 
strued to relieve any officer of a corporation from individual 
liability under the provisions of this act. 


LAWS OF DELAWARE. 


I 2 


OF FLECTIONS. 


CHAPTER 8, REVISED CODE. 

Of the Levy Court. 

. . - ! I 

Sec. 2. The commissioners in each county [except New How elected 
Castle county] shall be elected by ballot at the general 
election in such county by the citizens thereof having right 
to vote for representatives; and they shall respectively hold Term of 
their office for four years, commencing on the first day of com y nm°. ur 
February next after their election; and if a vacancy occur s,oner ‘ 

J i j 

before the general eledlion next preceding the expiration of Amended, 
such term, the Governor shall appoint a suitable person, voffmeE 3 ^’ 
residing in the hundred where the vacancy happened, to^ cancies - 
supply it. The appointment thus made shall continue until pUed. sup 
the first day of February next after the next general election, 
when the voters of said county, qualified as aforesaid, if the 
regular term does not expire by the first day of February 
following, shall eledt a commissioner for the residue thereof. 

If at any election for levy court commissioners two or more Amended, 
persons shall have an equal, and at the same time the high-^apuAiV, 
est number of votes for levy court commissioner of the same Volumei1 - 
hundred, the Governor shall appoint a suitable person, resid¬ 
ing in the hundred where a vacancy is thus occasioned, to 
supply said vacancy. The appointment thus made shall Amended, 
continue until the first day of February next after the next vokmmiT' 
general election. * * * 


CHAPTER 26, VOLUME 19. 

An Acft in Relation to the Levy Court of New Castle County. 


SEC. 3. That the county of New Castle shall, for the New Castle 
purposes of this act, be and the same is hereby divided into 
five districts, to wit: One shall be composed of the hun- fivedistricts - 
dreds of Brandywine, Christiana and Mill Creek, and shall boundaries 
be known as the First District; another shall be composed 
of all that portion of the city of Wilmington lying north districts, 
of Sixth street, and shall be known as the Second District; 


to 



LAWS Ob DELAWARE. 


I 26 


OF ELECTIONS. 


another shall be composed of all that part of the city of 
Wilmington lying south of Sixth street, and shall be known 
as the Third District; another shall be composed of the 
hundreds of Red Lion, New Castle, Pencader and White 
Clay Creek, and shall be known as the Fourth District; the 
remaining district shall be composed of the hundreds of St. 
Georges, Appoquinimink and Blackbird, and shall be known 
as the Fifth District. 


Klection of SEC. 4. That at the general election to be held in the 
Comm^ 1 rt year 1892, and at the general election to be held in every 
sooner*. fourth year thereafter, there shall be elected from among the 
resident freeholders of each of said districts, by the qualified 
voters thereof, one person to be a levy court commissioner 
of New Castle county, to hold office for the term of four 
years, commencing on the first Tuesday in the month of 
January next following such election. 

Contested Should any two or more persons voted for as levy court 
commissioners of any district receive an equal and the high¬ 
est number of votes cast at such election, the board of canvass 
shall certify the fact to the Governor, who shall forthwith 
select one of said persons to be the levy court commissioner 
from said district. * * * * * * * 


Klection and 
qualification 
of Receiver 
of Taxes 
and County 
Treasurer. 


Term of 
office. 


SEC. 6. * * * * That at the general election in the 

year A. D. 1892, and at the general election in each and 
every fourth year thereafter, there shall be voted for and 
elected by the voters of New Castle county qualified to vote 
for members of the General Assembly, a person, being a resi¬ 
dent freeholder as aforesaid, to fill the said office of Receiver 
of Taxes and County Treasurer. The person so elected, as 
aforesaid, shall hold office for the term of four years, com¬ 
mencing on the first Tuesday in January next succeeding his 
election, or until his successor shall be duly qualified. 


Klection of 
Comptroller. 


Term of 
office. 


SEC. 16. * * * That at the general election in the 

year A. D. 1892, and at the general election in each and every 
fourth year thereafter, there shall be voted for and elected by 
the voters of New Castle county, qualified to vote for mem¬ 
bers of the General Assembly, a person, being a resident free¬ 
holder as aforesaid, to fill the office of County Comptroller. 
The person so elected as aforesaid shall hold office for the 
term of four years, commencing on the first Tuesday in Jan¬ 
uary next succeeding his election, or until his successor shall 
be duly qualified. * * * * * * * 




LAWS OF DELAWARE. 


12/ 


OF ELECTIONS. 


CHAPTER 27, VOLUME 19. 

Of the Ele<5lion of County Treasurer. 

* * * * * jj: * * * * * 

SEC. 5. At the general election to be held in Kent county Election of 
in November, A. D. 1892, and at every general eledtion to SSSSwr. 
be held thereafter in said county, the citizens thereof, having 
a right to vote for representatives, shall ele6t by ballot some 
person resident in said county, to be County Treasurer, who Term oi 
shall hold his office for the term of two years commencing on oihr *‘ 
the Thursday next following the first Tuesday in February 
next succeeding said general election. * * * * 


CHAPTER 28, VOLUME 19. 

Of the Ele<5\ion of County Treasurer. 


SEC. 5. At the general election to be held in Sussex Elects <>* 
county in November, A. D. 1892, and at every general elec- 
tion to be held thereafter in said county, the citizens thereof, 
having a right to vote for representatives, shall ele£t by 
ballot some person resident in said county to be County 
Treasurer, who shall hold his office for the term of two Term °f 
vears, commencing on the Thursday next following the first 0 , c 
Tuesday in February next succeeding said general eleftion. 


x 



128 


LAWS OF DELAWARE. 


Election of 
road com¬ 
missioners. 


Term of 
present com 
missioners. 


Certificates. 


To whom 
transmitted. 


Form. 


Certificates 
when hun¬ 
dred is 
divided. 


Meeting. 


OF ELECTIONS. 


CHAPTER 31, VOLUME 17. 

An Acft in Relation to the Elecftion of Road Commissioners in New Castle 

County. 

SEC. i. The qualified voters of the several hundreds in 
New Castle county shall, biennially, at the general election 
held on the Tuesday next after the first Monday in Novem¬ 
ber, elect the road commissioners for said hundreds according 
to the rotation now established. All of said commissioners, 
whose terms of office would otherwise have expired before 
the time of holding the general election next after the passage 
of this aCt, shall continue to hold office until the time of 
holding the same. 

SEC. 2. Immediately upon closing the election aforesaid 
in the several hundreds, and ascertaining the state of the 
vote, the inspector and judges of the election in said hun¬ 
dred, unless said hundred is divided into two or more election 
districts, shall make and sign certificates of the person or 
persons elected road commissioner or commissioners, as the 
case may be, and shall cause the same to be transmitted 
without delay, to wit: One to each of the road commissioners 
eledted, and one to the clerk of the peace of the county, to 
be filed in his office. Said certificates shall be of the follow¬ 
ing form, viz: 

New Castle County, ss. 

At the general eledtion held in - hundred on the 

Tuesday next after the first Monday in the year of our Lord 

one thousand eight hundred and -,-was duly 

eleCted road commissioner for said hundred. 

In testimony whereof we, the judges of said election for 
said hundred, have hereunto set our hands the day and year 
aforesaid. 

SEC. 3. If the said hundred in which said election is held 
is divided into two or more election districts, the inspector 
and judges in each of said election districts shall make and 
sign a certificate of the number of votes given for each 
person voted for as road commissioner. The inspectors and 
judges of each of the election districts of said hundred shall 
assemble on the day next succeeding said election, at the 





LAWS OF DELAWARE. 


I 29 


OF ELECTIONS. 

same time and in the same places of voting as now by law when and 
required for the meeting of presiding officers and judges of were ' 
the eledliohi heretofore held on the first Tuesday in Odlober, 
and ascertain the aggregate number of votes given in said Ascertain- 
eledlion distridls for each person voted for for road commis- me,u ot vute 
sioner, and the person or persons, according as there may be 
one or more elected, having the highest number of votes for 
road commissioner or commissioners, shall be declared duly 
ele< 5 Ied road commissioner or road commissioners; and the 
said inspedlors and judges of said eledlion distridls in said 
hundred shall make, sign and transmit certificates of said Certificate, 
eledlion, as provided in Sedlion 2 of this a£t. If two candi-Tie. 
dates for said office of road commissioner or commissioners 
shall have the highest and an equal number of votes, a 
casting vote shall be given by the presiding officer of said 
eledlion, or, in case said hundred is divided into two or 
more election distridts, by the presiding officer of the eledlion 
district of said hundred, as direfted by the several a6ls of 
the General Assembly dividing the several hundreds into 
two or more eledlion distridls, which casting vote so given 
shall eledl the candidate in whose favor it is given. 


> 






































































L A W S 


RELATING TO GENERAL, SPECIAL AND 
MUNICIPAL ELECTIONS IN THE 
CITY OF WILMINGTON.* 


CHAPTER 192, VOLUME 18. 

AN ACT to amend the Charter of the City of Wilmington. 

Sec. i. The City of Wilmington shall be divided into city of wn- 
twelve wards. The First, Second, Third, Fourth, Fifth, ^ded^ntf" 
Sixth, Seventh, Eighth, and Ninth Wards shall be bounded twel y e 
as heretofore. The Tenth Ward shall comprise all that ter-Boundaries 
ritory lying and being between Adams and Franklin streets, of wards - 
and between Sixth and Linden streets. The Eleventh Ward 
shall comprise all the territory within its present limits. 

The Twelfth Ward shall comprise all that territory lying 
between Franklin street and the easterly side of Green- 
hill avenue and between Sixth street extended, and Linden 
street extended, westerly to the easterly side of Greenhill 
avenue. 

SEC. 2. For the purpose of holding elections for State, City divided 
county and city officers in Wilmington city and hundred, the seven eiTc/' 
city shall be divided into twenty-seven eledtion districts. tion distncts 
The first twenty-three of the said election districts and the Amended, 
several polling places established in each, shall be-as is nowvohTme if.’ 
established by law. 

All that portion of the First Ward lying and being south First district 
of Third street shall form the First Election District; 

All that part of the First Ward lying and being north of second. 
Third street shall form the Second Election District; 

* All that part of the Second Ward lying and being south of Third - 
the Christiana creek or river shall form the Third Election 
District; 

*See Section 7, Chapter 16, Revised Code, as printed on page 80 of this pamphlet. See also 
Chapter 39, Volume 19, printed on pages 45-74 preceding. 


13 2 


LAWS OF DELAWARE. 


Fourth. 

Fifth. 

Sixth. 

Seventh. 

Eighth. 

Ninth. 

Tenth. 

Eleventh. 

Twelfth. 

Thirteenth. 

Fourteenth. 

Fifteenth. 

Sixteenth. 

Seventeenth 

Eighteenth. 


OF ELECTIONS. 

All that part of the Second Ward lying and being north of 
the Christiana creek or river shall form the Fourth Election 
District; 

All that portion of the Third Ward lying and being south 
of Fourth street and east of Madison street shall form the 
Fifth Eledtion District; 

All that portion of the Third Ward lying and being south 
of Fourth street and west of Madison street shall form the 
Sixth Election District; 

All that portion of the Third Ward lying and being north 
of Fourth street shall form the Seventh Election Distridt; 

All that portion of the Fourth Ward lying and being west 
of Lombard street shall form the Eighth Election Distridt; 

All that portion of the Fourth Ward lying and being east 
of Lombard street shall form the Ninth Election Distridb; 

All that portion of the Fifth Ward lying and being east of 
Washington street shall form the Tenth Election District; 

All that portion of the Fifth Ward lying and being west of 
Washington street and east of Adams street shall form the 
Eleventh Eledtion Distridt; 

All that portion of the Fifth Ward lying and being west of 
Adams street shall form the Twelfth Eledtion Distridt; 

All that portion of the Sixth Ward lying and being south 
of Eighth street shall form the Thirteenth Eledtion Distridt; 

All that portion of the Sixth Ward lying and being north 
of Eighth street and South of Tenth street shall form the 
Fourteenth Eledtion Distridt; 

All that portion of the Sixth Ward lying and being north 
of Tenth street shall form the Fifteenth Eledtion Distridt; 

All that portion of the Seventh Ward east of Franklin 
street and south of a line beginning at the intersedtion of 
Delaware avenue and Franklin street, thence along Dela¬ 
ware avenue easterly to its intersedtion with Eleventh street, 
and thence along Eleventh street easterly to its intersedtion 
with Market street, shall form the Sixteenth Eledtion Dis¬ 
tridt; 

All that portion of the Seventh Ward lying and being east 
of Franklin street and north of a line beginning at the inter¬ 
sedtion of Delaware avenue and Franklin street, thence alone 

/ o 

Delaware avenue easterly to its intersedtion with Eleventh 
street, and thence along Eleventh street easterly to its inter¬ 
sedtion with Market street, shall form the Seventeenth Elec¬ 
tion Distridt; 

All that portion of the Seventh Ward lying and being west 


SLAWS OF DELAWARE. 


OF ELECTIONS. 

of Franklin street shall form the Eighteenth EleCtion Dis¬ 
trict; 

* y 

All that portion of the Eighth Ward lying and being south Nineteenth - 
of Eighth street shall form the Nineteenth Election Dis¬ 
trict; 

All that portion of the Eighth Ward lying and being north T wentieth. 
of Eighth street and south of Tenth street shall form the 
Twentieth Election District; 

All that portion of the Eighth Ward lying and being north Twenty, 
of Tenth street shall form the Twenty-first Eledtion District; f " st ' 

All that portion of the Ninth Ward lying and being east of Twenty. 
Thatcher street extended southerly to the Brandywine creek second - 
or river shall form the Twenty-second EleCtion District; 

All that portion of the Ninth Ward lying and being west Twenty- 
of Thatcher street extended southerly to the 'Brandywine 
creek or river shall form the Twenty-third EleCtion District. 

The polling -places in the several election dis- voting 
triCts above designated shall be as follows: 

In the First EleCtion District, at the house situated on First district 
the northeast corner of Second and Tatnall streets; 

In the Second EleCtion District, at the house situated on Second, 
the northeast corner of Second and Orange streets; 

In the Third EleCtion District, at the house situated on Third, 
the southeast corner of Heald and Apple streets; 

In the Fourth EleCtion District, at the house known as the Fourth. 
“Felton House,” on the southeast corner of Second and 
Walnut streets; 

In the Fifth EleCtion District, at the house situated on the Fifth, 
northeast corner of Christiana and Madison streets; 

In the Sixth EleCtion District, at WitsiPs store, on the sixth, 
southwest corner of Front and Madison streets; 

In the Seventh EleCtion District, at the house situated on seventh, 
the southeast corner of Fifth and Madison streets; 

In the Eighth EleCtion District, at the house on the north- Eighth, 
west corner of Fourth and French streets; 

In the Ninth BvleCtion District, at the house situated on Ninth, 
the southwest corner of Fifth and Spruce streets; 

In the Tenth EleCtion District, at the Lafayette Hotel, Tenth, 
situated on the southwest corner of Ninth and Shipley streets; 

In the Eleventh EleCtion District, at the house situated on Eleventh, 
the northeast corner of Sixth and Madison streets; _ 

In the Twelfth Election District, at some convenient place Twelfth, 
in said distridt, to be chosen by the inspedtor and assistant 
inspectors of said district, or any two of them; 



134 


LAWS OF DELAWARE. 


Thirteenth. 


Fourteenth. 


Fifteenth. 


Sixteenth. 


Seventeenth 


Eighteenth. 


Nineteenth. 

0 

Twentieth. 


Twenty-first 


Twenty- 

second. 

Twenty- 

third. 


Amendment 
Chapter 192 
Volume 18. 
Twenty- 
fourth 
District. 

Twenty- 

fifth 

District. 


Twenty- 

sixth 

District. 


Twenty- 

seventh 

District. 


Elections to 
be held in 
said dis¬ 
tricts. 


OF ELECTIONS. 

Iii the Thirteenth Election District, at the Askew building, 
situated on the northeast corner of Seventh and Market 
streets; 

In the Fourteenth EleCtion District, in the building now 
owned by McLear and Kendall, situated on the east side of 
King street, below Ninth street; 

In the Fifteenth EleCtion District, at the house situated on 
the southwest corner of Fourteenth and King streets; 

In the Sixteenth EleCtion District, at the house situated on 
the southwest corner of Tenth and Orange streets; 

In the Seventeenth EleCtion District, at the schoolhouse 
known as the Howard School, situated on the east side of 
Orange street, between Twelfth and Thirteenth streets; 

In the Eighteenth EleCtion District, at the house known as 
the “ Eogan House;” 

In the Nineteenth EleCtion District, at the house situated 
on the northwest corner of Sixth and Church streets; 

In the Twentieth Election District, at the house situated 
011 the northeast corner of Eighth and Kirkwood streets; 

In the Twenty-first EleCtion District, at the house situated 
on the southwest corner of Eleventh and Lombard streets; 

In the Twenty-second Election District, at the house situ¬ 
ated on the southeast corner of Thirteenth and Heald streets; 

In the Twenty-third Election District, at the house known 
as the “Brandywine Academy;” * * * * 

The Twenty-fourth Election District shall consist of all that 
portion of the Tenth Ward lying and being north of Second 
street, and the polling place for said district shall be at the 
southeast corner of Third and Van Buren streets; 

The Twenty-fifth Election District shall consist of all that 
portion of the Tenth Ward lying and being south of Second 
street, and the polling place for said district shall be at the 
northeast corner of Chestnut and Van Buren streets; 

The Twenty-sixth Election District shall consist of the 
Eleventh Ward as by this aCt constituted, and the polling 
place for said election district shall be at the northwest cor¬ 
ner of Maryland avenue and Beach street; 

The Twenty-seventh Election District shall consist of the 
Twelfth Ward as constituted by this aCt, and the polling place 
for said election district shall be at the southeast corner of 
Fourth and Scott streets. 

At the said election districts as provided in this seCtion, 
shall be held the general election, all special elections for 
members of the General Assembly, and representative or 


LAWS OB' DELAWARE. 


1 35 


OF ELECTIONS. 

representatives in Congress, electors of President and Vice- 
President of the United States, and elections for assessors of 
Wilmington hundred and inspectors for said election districts. 


CHAPTER 30, VOLUME 17.* 

An Acft providing for the Election of three Assessors for Wilmington 

Hundred. 

SEC. i. That for the purpose of a more convenient assess-Three 
ment of persons and property in Wilmington hundred of the SisSc™?" 1 
county of New Castle, the said hundred shall be divided into 
three assessment districts, as follows: 

All the portion of said hundred comprised within the limits Boundaries, 
of the First, Second, Fourth and Eighth wards of the city of 
Wilmington, as now laid out and established by law, shall be 
the first assessment district of the said hundred; and all that 
portion of the said hundred comprised within the limits of 
the Third, Fifth, Tenth and Eleventh wards of the said city, 
as now laid out and established by law, shall be the second 
assessment district; and all that portion of the said hundred 
comprised within the limits of the Sixth, Seventh and Ninth 
wards of the said city, as now laid out and established by 
law, shall be the third assessment district. 

SEC. 2 That an election for the purpose of choosing an see ^chapter 
assessor for each of the said assessment districts shall be held T 7 \ as oume 
at the time and in the manner prescribed by Chapter 17* ofchapfe^, 7 
the Revised Statutes of this State, pursuant to the laws now Volumei 9- 
in force as to the election of countv officers in the city of Flections. 

... When held. 

Wilmington. 

SEC. 3. That every citizen qualified to vote for inspector Quaiifka- 
of an election district in the said hundred of Wilmington ,lonutvoler " 
may vote for an assessor of the assessment district within 
which such election district is comprised, and no person shall Quaiifica- 
be elected assessor under the provisions of this act who shall ^for. 
not at the time of the election be a freeholder within Wil¬ 
mington hundred and a resident in the assessment district for 
which he shall be elected. 


*See Section i, Chaptei 29, Volume 17, as printed in this pamphlet on page 90. 





LAWS OF DELAWARE, 


136 


OF ELECTIONS. 

* 

# 

Meeting of Sec. 4. Immediately after making- the certificate required 
wheTand by SeCtion 8 of Chapter 19* of the Revised Statutes of this . 
where. State, the presiding officers and judges of the several elec¬ 
tion districts of the said hundred shall assemble in the City 
menTof'vote Hall. And the presiding officers and judges of the election 
districts comprised within the first assessment district afore¬ 
said, as laid out and established by the first seCtion of this 
aCt, shall ascertain the number of votes given for assessor in 
the said election districts so comprised as aforesaid, and the 
candidate having the highest number of votes shall be de- 
Cenificates. dared assessor of the said first assessment district; and the 
presiding officers and judges last aforesaid shall make, sign 
and deliver certificates of said election in the manner pre¬ 
scribed by law for certifying the election of the assessors of 
the several hundreds. And the presiding officers and judges 
of the election districts comprised within the second assess¬ 
ment district, as laid out and established by the first seCtion 
of this aCt, shall ascertain the number of votes given for 
assessor in the different election districts so comprised as 
aforesaid, and the candidate having the highest number of 
votes shall be declared duly eleCted assessor of the said second 
assessment district; and the presiding officers and judges last 
aforesaid shall make, sign and deliver certificates of said 
election in the manner now prescribed by law as aforesaid. 
And the presiding officers and judges of the election districts 
comprised within the third assessment district, as laid out 
and established by the first seCtion of this aCt, shall ascertain 
the number of votes given for assessor in the different election 
districts so comprised as aforesaid, and the candidate having 
the highest number of votes shall be’ declared duly eleCted 
-assessor of the said third assessment district; and the pre¬ 
siding officers and judges last aforesaid shall make, sign and 
deliver certificates of said election in the manner now pre- 
Tie - scribed by law as aforesaid. If two candidates for the office 
of assessor of either of the assessment districts hereby laid 
out and established shall receive the highest and at the same 
time an equal number of votes, the presiding officers of the 
election districts comprised within the assessment district in 
which the same shall happen shall agree upon and give a 
casting vote. 


Duties of 
Assessors. 


Sec. 5. The duties of the assessors eleCted under the 
provisions of this aCt shall, within the assessment districts- 
hereby established, be the same as those prescribed by law* 

*See Section 2, Chapter 29, Volume 17, as printed on page 90 of this pamphlet. 


LAWS OF DELAWARE. 


137 


OF ELECTIONS. 

for the assessors of the several hundreds, and all laws appli¬ 
cable to assessors eledled under the provisions of Chapters 17 
and 19 of the Revised Statutes of this State, and not incon¬ 
sistent with this a6l, shall apply to assessors of the assess¬ 
ment distridfs hereby established. 

SEC. 6.. That the assessors of the first and second assess- Assessors 
ment distridls of said hundred now in office shall be assigned Levy Court, 
to such of the distridls hereby created as the Levy Court 
of New Castle county shall, by resolution, determine, and 
after such assignment shall be the assessors of such distridls 
respedlively, to all intent and purposes, and perform all 
the duties of assessors in the same now prescribed by law 
for the assessors of the several hundreds, and hold their said 
offices subjedl to the laws now regulating the same, and until 
the terms for which they were elected shall expire by law. 

And the said Levy Court shall also appoint an additional Additional 
assessor for the remaining district hereby created, who shall beappofnted 
hold office until the next election of assessor under the law 
and the provisions of this act, who shall, by virtue of such 
appointment, be clothed with all the powers and subject to 
all the duties of an assessor within the said district now pre¬ 
scribed by law as fully as if he had been elected under the 
provisions of this act. 

SEC. 7. That the said Levy Court shall assign each of the Assigned 
assessors now elected to one of the districts created under the day in May 
provisions of this act on the first Tuesday in May of the 
present year, and at the same time shall appoint the addi¬ 
tional assessor for the remaining district. Each of said Assessors to 
assessors shall appear before said Levy Court on the third fore Levy 
Tuesday in said month, and on any other day the said court Tuesday of 
may require, to be qualified, and also to be instructed in their ^ if £ d be 
duties as such assessors, and shall immediately thereafter 
enter upon their duties under the provisions of this act. 

SEC. 8 . That upon such qualifications, each of said asses- Duty of As- 
sors shall make a general assessment of all the real and per-' e " 
sonal property in his district liable to taxation, and shall also 
assess the poll rate of every freeman of the age of twenty- 
one years and upwards. Each assessor shall complete the 
assessment for his district by the first day of January next, 
and such assessment shall be posted, corrected and returned 
to the Levy Court, as now provided by law; and all the laws 
now in force relating to general assessments shall apply to 
the assessment to be made under this act, save such as may 


LAWS OF DELAWARE. 



OF ELECTIONS. 

Assessment be inconsistent herewith. The assessments made under this 
genera?as- act, however, shall stand and be acted on until the next 
sessment. general assessment, as now provided by the statutes of this 

State. 

Sec. 9. That all acts or parts of acts inconsistent here¬ 
with be and the same are hereby repealed. 


CHAPTER 45, VOLUME 19. 


An Act Providing Additional Constables. 


special con- Sec. i. That whenever a ‘‘general election” is held in 
d?y of wii- this State the Governor may, on the application in writing of 
* generate fee l east fifty citizens residing in the city of Wilmington, ap- 

uon S r ee ° point special constables within said city. No person shall be 
nut h beT P y appointed a special constable under the provisions of this act 
pointed. who is not at the time of his appointment a cjualified voter of 
of said citv. 


Duty of 
special con¬ 
stables. 


Arrests. 


When ar¬ 
rests may 
not be made. 


SEC. 2. It shall be the duty of the special constables ap¬ 
pointed under the provisions of Section one of this act to 
attend at all times for holding elections the polls in said city 
of Wilmington. Said special constables shall keep the peace, 
and support and protect the officers of election in the dis¬ 
charge of their duties, preserve order at such polls, prevent 
fraudulent voting thereat, and immediately, either at the 
place of voting, or elsewhere, and either before or after 
voting, to arrest and take into custody, with or without pro¬ 
cess, any person who commits or attempts or offers to com¬ 
mit any act or offense against the laws of this State; but no 
person shall be arrested without process for any offense not 
committed in the presence of the special constables or either 
of them, or of the election officers or either of them. 


Arrests and 
hearing be- 


, , SEC. x. Whenever any arrest is made under any provi- 

fore justice sions of this act, the person so arrested shall forthwith be 
c " brought before a justice of the peace for examination of the 
offense alleged against him; and such justice of the peace 
shall proceed in respect thereto as authorised by law in case 
of crimes against the State of Delaware. 



LAWS OF DELAWARE. 


1 39 


OF ELECTIONS. 

Sec. 4. That the special constables, whenever either or when a 
any of them is forcibly resisted in executing their dutiesf/XST' 
under this act, or shall by violence, threats, or menaces, be moXed esum ’ 
prevented from executing such duties, or from arresting any 
person who has committed any offense for which the special 
constable or special constables are authorized to make such 
arrest, are and each of them is empowered to summon and 
call to his aid the bystanders or posse commitatus of the city 
of Wilmington. 

Sec. 5. That there shall be allowed and paid to each Compensa- 
special constable who is appointed' and performs his duty 11011 
under the preceding provisions compensation at the rate of 
five dollars per day for each day he is actually on duty, not 
exceeding three days, and the same shall be paid as other 
election expenses are paid. 


CHAPTER 207, VOLUME 17.' 

An A eft to Revise and Consolidate the Statutes relating to the City of 

Wilmington. 

*********** 

CITY OFFICERS. 

SEC. 3. The city officers shall be a Mayor, a Council to City officers, 
be composed of one member from each ward of said city, Chapter 660, 
a President of said Council who shall be ex officio a member VoIumei8 - 
and the presiding officer of said Council, a Treasurer, an 
Auditor, a Solicitor, a High Constable, two Assessors who 
shall also be Collectors, one Inspector and two assistant In¬ 
spectors of election for each election district, and such other 
officers as the Council by ordinance shall create and appoint. 

*********** 

Sec. 4. No person shall be eligible to any office who is Eligibility, 
not, at his eleCtion, a citizen of the State and a resident of 
the citv. The Mayor must have resided in the city two Residence, 
vears next before his eleCtion. A member of Council must 
also have resided in the city two years before his eleCtion, 
and must additionally be, at the time of his election, a resi¬ 
dent in the ward in which he is eleaed and a freeholder in 

the city. 



140 


LAWS OF DELAWARE. 


OF ELECTIONS. 

clergymen No ordained clergyman, or ordained minister of the gospel, 
mengibie. ^ denomination, shall be eligible to any office estab¬ 
lished under or by virtue of this add. 


MAYOR. 


Amended Sec. 6 . At the city election to be held on the first Sat- 
vofum^fs 6 . 0 ’ urday in June, A. D. 1891, and on the same day in every 
Mayor’s second year thereafter, the voters in the respective eledtion 
distridls shall vote for a. Mayor, who shall be eledled by a 
plurality of all the votes cast in the several eledfion distridfs. 
The Mayor shall hold office for the term of two years, com¬ 
mencing on the first day of July succeeding his election. 


election. 


Term. 


* 


* 




* 


* 


* 




* 


* 




Elections 
when held. 


Appointed SEC. ii. In case of the death, removal from the city, 
byCouS to resignation, or refusal to act of the Mayor or any other elec- 
hiivacanc.es t * ve 0 f^ cer 0 f sa j c i city, or in case of the removal of any 

member of Council out of the ward for which he was elected, 
the Council shall make temporary appointments to supply 
such vacancies until the same can be filled by eledfion under 
the provisions of this add. Such election shall be for the 
unexpired term of such officer, and shall take place at the 
first city eledfion occurring more than nine days after the 
commencement of such vacancy, unless such vacancy shall 
occur in the last year of the term of said officer, in which 
case the temporary appointment of Council shall be for the 
unexpired term of said officer, and until his successor shall 
be duly elected and qualified. The provisions of this secdion 
shall apply to any eleddive office to which a person who has 
been eledded thereto shall be found ineligible, or shall fail to 
give bond for the faithful performance of the duties of his 
office (when such bond is required by law) before the time 
fixed for entering upon the duties of his office. 


* 


* 


* 


* 


* 


* 




* 


* 


& 


Who shall 
compose 


SEC. 29. On and after the first day of July, A. D. eighteen 
Council after hundred and ninety, the Council shall consist of a President 
of Council and twelve members. The terms of office of 
those members of Council eledled on the first Saturday in 
June, A. D. eighteen hundred and eighty-eight, are hereby 
extended until and including the thirtieth day of June, A. 
D. eighteen hundred and ninety, during which said last 
mentioned year there shall be no city eledfion, and the offices 


July, 1890 

Terms of 
members 
elected in 
1888 ex¬ 
tended. 


LAWS OF DELAWARE. 


14 * 


OF ELECTIONS. 

of members of Council whose terms in that year expire shall After June 
not be thereafter filled, but there shall, from and after the member for 
said thirtieth day of June, A. D. eighteen hundred and eachward ‘ 
ninety, be one member of Council from each ward instead 
of two as theretofore. The term of the present President of Term of 
Council is hereby extended until the first day of July, A. D. counciTex- f 
eighteen hundred and ninety-one, and he, together with the tended - 
members of Council eleCted on the first Saturday in June, A. 

D. eighteen hundred and eighty-nine, shall, from and includ¬ 
ing the first day of July, A. D. eighteen hundred and ninety 
to the first day of July, A. D. eighteen hundred and ninety- 
one, constitute the said Council. The first city eleCtion after President of 
the city eleCtion in June, A. D. eighteen hundred and eighty- twelve mem- 
nilie, shall be held on the first Saturday in June, A. D. efeaed in 
eighteen hundred and ninety-one, at which said election a J une > i8 9 *' 
President of Council and twelve members shall be elected for 
the term of two years, commencing on the first day of July 
next ensuing said election, and said elections shall be held bi¬ 
ennially thereafter on the first Saturday in June. The Presi- President of 
dent of Council shall be the presiding officer and a member b e °'presiding 
of said Council, and shall be elected from the city at large ekcfeTivom 
by a plurality of all the votes cast in the several election dis- cit y at lar § e 
triCts. One member of Council shall be eledted from each Plurality of 
ward by a plurality of all the votes cast therein. The above'" tebtoelcct 
provisions shall be taken and construed to be subject to the 
provisions of Section n preceding.” 

CITY TREASURER. 

SEC. X 2 . At the citv eleCtion to be held on the first Sat- Amended 
urday in June, A. D. 1888, and on the same day in each and volume iC’ 
every third year thereafter, the voters in the respective elec-Election of 
tion districts shall vote for a City Treasurer, who shall be ^ Treas_ 
elected by a plurality of all the votes cast in the several 
election districts. The City Treasurer shall hold office for Term, 
the term of three years, commencing on the first day of July 
succeeding his election. 


1 42 


LAWS OF DELAWARE. 


OF ELECTIONS. 


Chapter 669, 
Volume 18. 


■Chapter 207, 
Volume 17, 
amended. 
Election to 
be by ballot. 
Form of 
ballots. 

Time of 
election. 


Qualified 

voters. 


Election and 
eanvass of 
voters. 

How con¬ 
ducted. 


Failure to 
elect not to 
dissolve cor¬ 
poration. 


Voters shall 
choose a 
member of 
Council 
biennially. 


[ An Acft to amend an acft entitled “An acft to Revise and Consolidate 
the Statutes relating to the City of Wilmington,” as amended April 23, 
1889.]* 

Sec. 2. All elections shall be by ballot, and a plurality 
of votes cast shall make a choice; the ballots used shall con¬ 
form in all respedfs to those required by the general law of 
the State. Each city election shall be opened between the 
hours of eleven o’clock in the forenoon and twelve o’clock 
noon, and continue open until seven o’clock in the afternoon, 
when the same shall be closed. 

SEC. 3. That at all city eledfions every male citizen 
of the age of twenty-one years and upwards, having resided 
within said city for three months next previous to the elec¬ 
tion, and in the eledtion distridt where he offers to vote for 
thirty days next preceding the eledfion, and who being other¬ 
wise qualified to vote at all State eledtions shall have regis¬ 
tered at the biennial registration next prior to the eledfion at 
which he offers to vote, and no other, shall be entitled to vote. 
If any person who may have had his domicile in said city 
shall actually remove to any other place with the intention of 
remaining there an indefinite time as a place of domicile, he 
shall thereby lose his qualification of residence, notwithstand¬ 
ing he may entertain a floating intention to return at some 
future time. 

• 

SEC. 4. At all city eledfions held in the city of Wil¬ 
mington the eledfion and canvass of the vote cast thereat 
shall be in all respedfs conducfed in conformity to the pro¬ 
visions of the general eledfion laws of this State, except as in 
this acf otherwise provided. 

SEC. 5. A failure to hold an eledfion on eledfion day, 
or the omission to execute any authority conferred by this acf 
shall not dissolve the corporation, but the authority of each 
officer shall continue until a new eledfion can be leeallv 
held. 

Sec. 6. The qualified voters of each ward shall, at every 
biennial eledfion in June, choose a member of Council for 
their ward, resident, in the ward. A member moving out 
of the ward shall thereby lose his office and the City Council 
shall fill the vacancy. 


*This act is an amendmen to and part of Chapter 207, Volume 17. 


LAWS OF DELAWARE. 


143 


OF ELECTIONS. 


SEC. 7. That Andrew G. Wilson, Alexander J. Hart and Members of 
George S. Capelle, of the city of Wilmington and State of partment 
Delaware, are hereby appointed and constituted a depart- Sid!*' 
ment of elections for the city of Wilmington; the terms of 
office of the said Andrew G. Wilson, Alexander J. Hart and 
George S. Capelle, the present members of the said depart¬ 
ment, are hereby respectively extended until the times fol¬ 
lowing, to wit: The term of the said Andrew G. Wilson until Terms of 
the first day of August, A. P. eighteen hundred and ninety- offke ‘ 
five; the term of the said Alexander J. Hart until the first 
day of August, A. D. eighteen hundred and ninety-three, 
and the term of the said George S. Capelle until the first day 
of August, A. D. eighteen hundred and ninety-one, or until 
their respeClive successors shall be duly appointed as herein¬ 
after provided. At the expiration of the term as so extended 
of the said George S. Capelle as a member of said depart¬ 
ment, and biennially thereafter, the place of the retiring 
member shall be filled by appointment by the Mayor of Wil¬ 
mington for the term of six years. No person shall be who are 
eligible to appointment as a member of said department who 6e 
shall not be a citizen of the United States and a qualified 
voter of and resident in the city of Wilmington for the term 
of five years next preceding his appointment. No member Member of 
of the Department of Elections shall hold or be a candidate 
for any other municipal office during his membership in said ^ndidair 
department, nor until the expiration of six months after he foran y° ffice 
shall have ceased to be a member of said department. When Vacancy, 
any vacancy occurs in said department, by or from any cause how hlled ' 
whatsoever, the Mayor aforesaid may fill the unexpired term 
by appointment, but at no time shall all the members of said 
department be on State issues of the same political faith and 
opinion. Each of said members shall, before entering upon Must make 
his duties, take and subscribe and file, in the office of the affliction. 
Mayor of said city, an oath or affirmation that he will perform 
the duties of his office with fidelity and impartiality. 

The members of the Department of Eledlions shall each Compensa- 
receive, as a compensation for their services, the salary of tum ‘ 
three hundred dollars in each year in which a city elfilion is 
held, payable as the salaries of other city officers are paid. 

But no salary or compensation shall be paid in any year in 
which a city election is not held. 

SEC. 8 . The duties of the members of said Department Duties of 
of Eledlions shall be as follows: 


144 


LAWS OF DELAWARE. 


OF ELECTIONS. 

i. They shall divide the city of Wilmington into as many 
election distridts as thev shall deem necessary on or before the 

j 

first day of April, A. D. eighteen hundred and eighty-eight, 
and in every fifth year thereafter, on or before the first day of 
April, the members of the Department of Elections for the 
time being shall divide the city of Wilmington into as many 
election distridts as they shall deem necessary; Provided , 
proviso. that n0 eledtion distridt shall contain more than three hund- 
Funher red nor less than one hundred qualified voters; and provided 
further , that each of said distridts shall be entirely within 
the boundaries of one ward. And on or betore the first day 
of April, A. D. eighteen hundred and eighty-nine, and in 
every year thereafter, said Department of Eledtions may 
divide such of the distridfs, and such only as by the registra¬ 
tion of‘voters last preceding such division shall be found to 
have had a registration of more than three hundred voters, 
but in any such division of any said distridfs one portion of 
the distridt shall retain the original numerical designation 
and the other portion shall take the number following the 
highest numbered distridt in the ward in which such new 
distridts are situated. 

'niteat? 8 * 2 * They shall designate and appoint a place of registry 
appoint the and polling place in each eledtion distridt in the city of Wil- 
Fs\Ty e a°nd res mington, and shall biennially, not less than two weeks prior 
polling place t 0 the fi rs t q a y 0 f registration provided for in this adt, ad- 

fise 1 !he dver ’ ver ti se b y posters or handbills, posted in five of the most 
number and public places in each distridt, the number and boundaries of 
of ‘districts, the distridt in which they are posted, the time and place of 
n a textile 8 " holding the next registration and city eledtion in such dis- 
timeand tridt, and the officers to be voted for at such eledtion: and at 

TDIclCG 01 ' • ' 

holding the the places so designated all city eledtions shall be held, and 
registration. t j ie wor h- 0 f registration performed, and the said Department 

of Eledtions shall hire all such places and cause the same to 
be fitted up, warmed, lighted and cleaned; but in such elec¬ 
tion distridt such place shall be in the most public, orderly 
and convenient portion of the distridt, and no building or 
part of a building shall be designated or used as a place of 
registry or polling place in which or in any part of which 
spirituous or intoxicating liquors is or has been sold within 
sixty days next preceding the time of using the same. 

booksfor 56 3* They shall cause to be prepared books for the registra- 
registration tion of names and fadts required by this adt, said books to 
pared prc ' be known by the general name of registers, and to be so ar¬ 
ranged as to admit of the entering of the name of each street 


LAWS OF DELAWARE. 


145 


OF ELECTIONS. 


or avenue in each election district, and the number of each 
dwelling in any such street or avenue, if there be a number 
thereto (and if there be no number, under such other definite 
description of the location of the dwelling place as shall 
enable it to be readily ascertained, found and located), and the 
names of all male persons resident in each dwelling in each 
of said districts who shall apply for registration. Such reg- How 
isters shall be ruled in parallel columns in which, opposite t 0 arrjn§ed 
and against the name of every applicant, shall be entered the 
words and figures hereinafter provided in this act, and shall 
be of such size as to contain not less than four hundred 
names, and so prepared as they may be used at each election in 
the city of Wilmington until such time as in this act provided 
for the succeeding registration, and shall, on the inside, be in 
appearance and form as follows, to wit: 


<D 

U 

S3 t r. 

Vi 

J—4 O 1“ 

_s-s- 
■(/! I 'O j O 


a 

Z 


JO 

o 

U 


Term of 
Residence. 


City. 


State. 


<D 

N 


a 

j-. 


a 

z 


•Ji 

<D 

cl, 

d 

(X 


<D 
■*—• 

a 

Q 


o 

U 


T3 • 
<0 ^ 

— o 

rt > 

6 


CL 
< 
* 4 -i *. 

o 

cu ; 




s 

CD 

V 


CD 


4. They shall prepare and furnish all necessary registers, shan^re- 
books, maps, forms, oaths, certificates, blanks, and instruc- furnish 1 re g - 
tions for the use of the inspectors of the election, provide for &c., to the 
the furnishing of such officers therewith and with all neces- inspectors - 
sary supplies; they shall have and retain the custody of all Shall have 
registers, tally lists, books, maps, forms, oaths of office, and of registers, 
of removal blanks, instructions, and all other records and gj! y 1,stSj 
supplies of every other kind or description pertaining to the 
Department of Ejections provided for in this act. 

5. They shall have power to dismiss any election officer at Sion offi- 
any time and supply his place with another person; they may 

also employ a clerk and such other assistance as in the judg- 





































LAWS OF DELAWARE. 


I 46 

OF ELECTIONS. 

inent of said members of said department shall be necessary 
and proper for the faithful performance by the department of 
Proviso. the duties of this adt imposed, provided the expense thereof 
shall not exceed fifteen hundred dollars in any one year; 
which said sum of fifteen hundred dollars shall not include 
the compensation of members of the Department of Elec¬ 
tions, inspedtors, and poll clerks, to be paid as provided in 
this adt. 

Board shall 6. They shall from time to time, and at all times, at least 
to 1 cause ve ' once in each and every year in which a city eledtion is held, 
and accurate have full power and authority to make, or cause to be made, 
copies of the Slic h full, complete and accurate copies as they shall deem 
dences and necessarv of the record of the names, residences, age and 
death of cause of death of each male person who shall die in the city 
ma r de nstobe °f Wilmington, as the fadts in respedt to such death shall be 
furnished to the Register of births, deaths and marriages for 
the city of Wilmington, and shall keep, preserve and file all 
such copies of such records; and it shall be the duty of the 
said Department of Eledlions in each year in which a city 
election is held to cause to be delivered to each inspedlor of 
eledfion in each eledtion distridf in the city of Wilmington, 
on or before the third Saturday next preceding the day of 
any city eledtion held in the city of Wilmington, an alpha¬ 
betical record of all male persons twenty-one years of age 
and upward, who, in the distridf in which the said inspedtor 
Duty of in- is to serve, have died since the last city eledtion. Such 
spector. record shall be known and designated as a record of deaths, 
and it shall be the duty of each inspedlor of eledlion in each 
distridf, upon the receipt of such record, to securely attach the 
same to the inside of the register in his custody to the end 
that it may be preserved, and upon the receipt of the same 
each inspedtor shall examine the register in his custody and 
as to the name of every person upon said registry who by said 
record of deaths shall by a coincidence in respedt to said 
names and fadts appear to have deceased, and opposite to and 
against every such name, to enter in the column headed “why 
disqualified’’ the word “dead,” in the column headed “date 
of erasing name” the month, day and year of such erasing, 
and in the column headed “remarks” the words “stricken 
from the registry,” adding against each such entry made in 
the column of “remarks” the initial letters of the name of 
the inspedtor making such entry, and through the name of 
every such person stricken from the registry, and then only, 




I-AWS OF DELAWARE. 


147 


OF ELECTIONS. 

shall draw a line as indicative that such name is erased irom 
the register of that eledtion district 

7. . They shall furnish the inspedtors of eledtion in each Shall furnish 
election distridt with the hereafter named election machinery: wSdSSon 

machinery. 

(#■) A box of a size sufficient in their judgment to receive 
the ballots in the respedtive districts, and of such character 
and workmanship as will insure safety and fairness in elec¬ 
tions. 

(A) Stamps which, when applied to tax receipts, on regis- stamps 
tration days, will produce the word “registered,” the num-pHedto P t ax 
ber of the district, and also the day and year of registering, receipt what 
m letters and figures; and when applied to tax receipts on 
eledtion day will produce the word “voted,” the number of 
the distridt, and also the day and year of voting, in letters 
and figures. 

8. They shall hereafter appoint all inspedtors of eledtion shall ap - 
and poll clerks for city eledtions in the city of Wilmington, £ 5 j?ind S pSf 
and shall also make all necessary removals and transfers and clerks - 

fill all vacancies which from any cause may occur. 

9. They shall, in the month of April in each year in Inspectors 
which a city eledtion is held, select for each eledtion distridt ed^^rn." 
in said city, to serve as inspectors of eledtions, three persons, 

two of whom shall be of different political faith and opinion Must be of 
from their associates; provided that the total number of HtSSTfeitE 0- 
inspedtors in each ward shall be divided as equally as possi-Proviso, 
ble between the different political parties, and those appointed 
to represent the party in political minority on State issues to 
be named solely by such member or members of the Depart¬ 
ment of Eledtions as is or are the representative or represen¬ 
tatives of such political minority, who shall be citizens of Q U aiifi C a- 
the United States, and of the State of Delaware, of good tion - 
character, able to read, write and speak the English language 
understanding^, qualified voters in the city of Wilmington, 
and not candidates for any office to be voted for by the elec¬ 
tors of the distridt for which they shall be seledted, and no 
person who shall have served as inspector at any registration 
shall be such candidate at the election for which such regis¬ 
tration was held. Every person so seledted by the Department Persons 
of Eledtions as its choice to be an eledtion inspedtor shall, on j£° s s *n t to 
receipt of notice thereof, appear within ten days thereafter themselves 
before the said department for the purpose of examination, tion. 
and if found qualified shall, unless excused by said depart- 


148 


LAWS OF DELAWARE. 


Take oath 
of office. 


Form of 
oath. 


Penalty for 
neglect to 
comply. 


What shall 
be deemed 
a refusal. 


Certificate 
to be given 
by the de¬ 
partment. 


Term of 
office. 


OF ELECTIONS. 

inent by reason of ill health or other good or sufficient cause, 
be bound to serve as such officer at every registration and city 
election for the term for which he is appointed by said de¬ 
partment and shall take the following oath of office, which 
oath may be administered by any member of the Depart¬ 
ment of Eledlions: 

I*-residing at No.-in the city of 

Wilmington, do solemnly swear (or affirm) that I will support 
the Constitution of the United States, and of the State of 
Delaware, and that I will faithfully discharge the duties of 

the office of inspector of election for the-election 

district of the-ward of the city of Wilmington 

according to the best of my ability, and that I am a citizen 
of the United States and State of Delaware, a qualified voter 
in the city of Wilmington, and not a candidate for any office 
to be voted for by the electors of the district for which I am 
appointed an inspector. 

In case of refusal or neglect on the part of any person 'so 
selected to be an election inspector to comply with the above 
requirements, or to serve or to act, he shall be liable to a pen¬ 
alty of two hundred dollars, recoverable by said department 
by civil action in any court of record in the name of the 
“President of the Department of Elections of the city of 
Wilmington,” and for the use and benefit of the city; and a 
failure on the part of any such person to present himself for 
examination, or to comply with any of the requirements of 
this act, preliminary to receiving his certificate of appoint¬ 
ment, within the time prescribed, or to attend on the day of 
any registration, or the day of any city election during said 
term, unless prevented by sickness or other sufficient cause, 
the burden of proof of which shall be upon the delinquent, 
shall be deemed a refusal within the meaning of this act. 

Whoever shall be nominated, approved and sworn into 
office as an inspector of election shall receive a certificate 
of appointment from the Department of Elections, said cer¬ 
tificate to be in such form as shall be prescribed by the said 
Department of Elections, and to specify the election district 4 
in and for which the person to whom the same is issued is 
appointed to serve and the date of the expiration of his term 
of office. The inspectors of election appointed under the 
provisions of this act in the year eighteen hundred and 
eighty-nine, and all such inspectors thereafter appointed 
under the provisions of this act, shall respectively hold office 






LAWS OF DELAWARE. 


149 


OF ELECTIONS. 

for the term of two years, unless sooner removed for want of Removal, 
the requisite qualification or for cause; in either of which 
cases such removal, unless made while the inspector is actu¬ 
ally on duty on a day of registration or election, and for 
improper conduct as an election officer, shall only be made 
after notice in writing to the officer sought to be removed, 
which notice shall set forth, clearly and distinctly, the reason 
for his removal. The neglect or refusal of any person so what shall 
appointed by the Department of Elections to appear and ^vacancy, 
qualify as an inspector within the time herein prescribed 
shall be deemed to create a vacancy in said office. 

10. They shall appoint as poll clerks two persons of dif- Poll clerks, 
ferent political faith and opinion on State issues and possess¬ 
ing the other qualifications required by this act of inspectors 
of election, who shall be in all respects similarly named, 
selected, notified, examined, appointed, commissioned and 
sworn as in this act required for the appointment of inspec¬ 
tors in and for such election district in the city of Wilming¬ 
ton. Said poll clerks shall hold office for the same period of J|™ sof 
time and upon the same conditions as are above prescribed 
for inspectors of election, and shall receive a like certificate 
of appointment. In case of refusal or neglect on the part of 
any person so selected to be a poll clerk to comply with the 
above requirements, or to serve, or to act, he shall be liable 
to a penalty of two hundred dollars, recoverable in the same 
manner and for the same use as the penalty above provided 
in case of a refusal or neglect on the part of an inspector of 
election. 

¥ 

Whenever from any cause there shall exist a vacancy in Vacancies in 
the office of inspector of election or poll clerk, a person ap- s£cto?or n " 
pointed to fill such vacancy shall be named by such member p°^ clerk, 
of said Department of Elections, or such of the members of 
said department, or his successors or their successors, as 
named the inspector or poll clerk in whose place any such 
person is designated. Inspectors of election and poll clerks Compensa- 
appointed in pursuance of the provisions of this act shall be how 
entitled to receive three dollars for each day’s service at any 
registration or election, such compensation not to exceed in 
the aggregate the sum of nine dollars, and to be paid on the 
certificate of the President of the Department of Elections 
as to the period of service, but no payment shall be made to 
any person as inspector of election or poll clerk who shall 
not have taken, subscribed and filed the oath, or affirmation, 
required herein, and who shall not during the period of his 


LAWS OF DELAWARE. 


1 5° 


OF ELECTIONS. 


service have fully complied with all the requirements of law 
in anywise relating to his duties, and the acting of any such 
person in either of said capacities without having taken, sub- • 
scribed and filed the said oath, or affirmation, shall be 
inspector deemed to be and punished as a misdemeanor. Inspectors 
clerk* < ex- of election and poll clerks, during the time they hold such 
emptfrom 0 fft ce shall be exempt from the performance of military and 
jury duty, jury duty, and no person who by the law ot this State is 
exempt from jury duty shall be required to serve as an in¬ 
spector or poll clerk under this act. 


Times of 
registration 
of qualified 
voters. 


Sec. 9. There shall hereafter be a registration of the 
qualified voters in the City of Wilmington resident in each 
eledtion distridt in the said city, at the times herein provi¬ 
ded, and then only, to wit: on the third Saturday and on the 
second Saturday next preceding the day of each city election. 


Times of Sec. io. The inspedtors of election appointed pursuant 
theinspec- to the provisions of this adt shall, at the times in this adt 
designated for registration, meet in their respedtive eledtion 
distridls at the places which, as provided in this adt, shall be 
designated therein for such meeting, and at such time, in 
each eledtion distridl, the said inspedtors of eledtion shall 
openly and publicly do and perform the following adts, viz: 


Organiza- i. They shall organize as a board by seledting one of 
their number to adt as chairman, but in case of failure to so 
organize within fifteen minutes after the time fixed for meet¬ 
ing, the chairman shall be seledted by lot. 


Applicants 2. They shall receive the application for the registration 
tion to be of all such male residents of their several election districts, 
received. anc [ suc p only, as then are or on the day of the election next 
following the day of making such application would be enti- 
Howquaii- tied to vote therein, and who shall personally present them¬ 
selves each with his proper tax receipt. 

Time of 3. They shall remain in session on each of said days be¬ 
tween the hours of ten o’clock in the forenoon and half¬ 
past seven o’clock in the afternoon, and shall administer to 
cwterlis persons who personally apply to register [and who are 
Volume 19. ’challenged] the following oath or affirmation, viz: 

Form of You do solemnly swear (or affirm) that you will fully and 
truly answer all such questions as shall be put to you touch¬ 
ing your place of residence, name, place of birth, your quali¬ 
fications as an elector, and your right as such to register and 
vote under the laws of this State. 


LAWS OF DELAWARE. 


151 


OF ELECTIONS. 


4. They shall * * * examine each applicant as to his Amended 
qualifications as an elector, and unless otherwise provided Volume 19. 
herein, shall each in a separate book immediately, and in the s U n ex - 

r -t -t • r J ' amine appli- 

presence of the applicant, enter 111 the register to be made cant, 
and furnished as provided in this act, the statements and entries of 
facts below set forth and in the manner following, viz: 


statement of 
facts. 


First — Under the column “residence” the name and Form of 
number of the street, avenue or other location of the dwel- entry ' 
ling, if there be a number, and if there shall not be a num¬ 
ber, such clear and definite description of the place of said 
dwelling as shall enable it to be readily ascertained, fixed and 
determined, and if there shall be more than one house at the 
number given by the applicant as his place of residence, in 
which house he resides, and if there be more than one family 
residing in said house, either the floor oti which he resides, 
(every floor below the level of the ground being designated 
as the basement, the first floor on or above such level as the 
first floor, and each floor above that as the second or such 
other floor as it may be) or the number, or location of the 
room or rooms occupied by the applicant, and whether front 
or rear. 


Second—Under the column “address” the name of the 
applicant, giving the surname and Christian name in full, 
but the names of all persons residing in the same dwelling 
to follow each other, and to be under the street and house 
number or other description as-provided of the dwelling. 


Third — Under the column “sworn” the word “yes or 
no,” as the fact shall be. 

Fourth—Under the column “nativity,” the State, county, 
kingdom, empire or dominion, as the fact shall be stated by 
the applicant. 

Fifth — Under the column of “color” the word “white 
or colored,” as the fact shall be. 

Sixth—Under the subdivision of the general column of 
“term of residence,” the period by months or years stated 
by the applicant in response to the inquiries made for the 
purpose of ascertaining his qualification, and filling such 
column. 

Seventh—Under the column of “naturalized,” the word ciTap'lertis, 
“yes or no” or “native,” as the fact shall appear. “Pro- 
vided , that if any applicant required by law to be naturalized tion papers. 


152 


LAWS OF DELAWARE- 


Who to be 
designated 
qualified 
voters. 


Shall stamp 
the tax 
receipt. 


Inspectors 
shall sign a 
certificate. 


Form of 
certificate. 


OF ELECTIONS. 

shall, for any cause be unable to present his naturalization 
papers, he shall, upon satisfactory proof of his naturaliza¬ 
tion, be admitted to register and to vote.” 

Eighth—Under the column of “date of papers,” the date 
of naturalization, if naturalized, as the same shall appear by 
the evidence of citizenship, submitted and presented by the 
applicant in compliance with the requirements of this aCt. 

Ninth—Under the column of “ court,” the designation of 
the court in which, if naturalized, such naturalization was 
done, as the same shall appear by the evidence of citizenship 
submitted or presented by the applicant in compliance with 
the requirements of this act. 

Tenth—Under the column “qualified voters,” the word 
“yes or no,” as the faCt shall appearand be determined by at 
least two of the board of inspectors of election, it beings 
however, required of them to designate as qualified voters 
any male person who, being otherwise qualified under this 
act, except as to the payment of the county tax, shall at the 
day of the election immediately following be of age, but 
not having been of age a sufficient time to be assessed for 
the payment of such tax as required by this act. 

Eleventh—Under the column of “date of application,”' 
the month, day and year when the applicant presented him¬ 
self and was adjudged a qualified voter in the election 
district. 

5. The said inspectors shall immediately, upon entering- 
the name of an applicant upon the registry as a qualified 
voter, stamp the tax receipt presented by him with the word 
“registered,” the number of the district, and also the day 
and year of registering in letters and figures. 

6. The said inspectors shall, in each election district in 
the city of Wilmington, at the close of each day of registra¬ 
tion, in a place to be provided therefor in each of the regis¬ 
ters required in this aCt, fill up, date, and each sign a certifi¬ 
cate, which shall be either printed or written, and shall be in 
the words and figures following, to wit: 

“ We, the undersigned inspectors of election in the- 

district of the-ward of the city of Wilmington, 

do jointly and severally certify that at the registration of 

voters held in the election district on the-day of- 

-in the year-there were registered by 11s as quali- 








LAWS OF DELAWARE. 


*5 3 


OF ELECTIONS. 


fied voters in the said eledlion distridt the names which are 
entered in this book as of said day, and that the number of 
such registered and qualified voters was and is- 


Shall keep 
daily record 
of names 
and state¬ 
ments, and 
any informa¬ 
tion received 


Books to be 
compared. 


7. The said inspectors shall, in each election district on 
each day of any registration, before adjourning, enter in a 
book prepared for that purpose, which shall be known as a 
public copy of the registers, all such names and residences 
and all such data, information and statements as during the 
day have been entered by the inspectors of election in the 
registers provided in this act. And the whole four books 
shall, on each of said days after the completion of such copy 
of the registers, be carefully compared throughout, so that 
each of the registers and the copy thereof shall in every res¬ 
pect agree with each other and contain the name and resi¬ 
dence of each person who shall have applied for registration, 
and the facts respecting him, as the same shall have been 
stated by him and entered in the registers as provided in this 
act. The said inspectors shall, on the last day of any regis¬ 
tration, in every year in which a city election is held, certify 
the said copy in the same manner as if it were an original, 
and within forty-eight hours after their adjournment on said 
last day of such registration, shall leave it suspended in a 
place where such registration was conducted, where it shall 
be and remain until the day of the next city election, to the 
end that the same may be inspected and copied by any elec¬ 
tor in said city, but on the day of such election the said in¬ 
spectors shall take possession of said public copy, and the 
chairman shall closely retain the same throughout the said 
day, returning it to the Department of Elections as provided 
in this act for the return of the register kept by him, and 
and shall within the same time deliver to the Department of 
Elections, to be filed in their office, one of the registers made 
by them, and the other two registers in each election district 
shall be retained and carefully preserved by the inspectors; 
Provided , that the register made by the inspector who repre¬ 
sents the party in political minority 011 State issues shall al¬ 
ways remain in the possession and custody of such inspector 
or his successor in office (if such there be) until the next city 
election, for his use on that day. 

Sec. 11. The Department of Elections shall have the shan^exam- 
right and it shall be their duty to carefully examine and pare regis- 
coinpare with each other the several registers required by 
Section 10 of this act to be filed in their office, and when it 


Shall certify 
to copy. 


Copy of reg¬ 
isters to re¬ 
main to be 
inspected 
and copied 
by any 
elector. 


Shall deliver 
one of the 
registers to 
the Depart¬ 
ment of 
Elections. 

Inspectors 
to retain 
other lists. 
Proviso. 


ters. 



154 


LAWS OF DELAWARE. 


OF ELECTIONS. 


shall appear by any data in their possession that any person 
has registered in more than one election district they shall, 
When name upon due inquiry, strike his name from the register of any or 
Scken all election districts in which he is not a qualified voter, and 
from register an( j a g a i ns t his name, under the column “why disqualified’ 1 

in such register or registers, state the reason thereof, and 
shall, on the morning of the day of the next city election, be¬ 
tween the hour of nine o’clock A. M. and the time prescrib¬ 
ed for opening the polls, deliver to the inspectors in each 
election district, at the polling place therein, the register 
made by the inspector of such district, and so corrected by the 
injector to Department of Elections, and it shall be the duty of the in- 
be present at spec tors of each election district to be present at said polling 
pia?e, polhng place at or before the hour of nine o’clock A. M. and there 
remain until the polls are closed and their duties at such poll¬ 
ing places are at an end, and after receipt of the corrected 
register from the Department of Elections, and before the 
hour of election, shall carefully compare it with the other 
registers and the public copy of the registers of said election 
district, and make them agree in all respects with said cor¬ 
rected register, so that at the hour of the election all three 
of the registers of each election district and the public copy 
thereof shall in all respects agree. 


Inspectors 
shall have 
the registers 
provided for 
in this act. 


Voter’s 
name to be 
announced 
by inspector 


Each in¬ 
spector shall 
in the regis¬ 
ter write the 
word “yes,” 
in column 
“voted.” 


SEC. 12. The inspectors of election in each election dis¬ 
trict of the City of Wilmington shall, on the day of any city 
election therein, have with them at the polling place in said 
district the registers provided for in this act; they shall make 
use of one of said registers for guidance on said day, and no 
vote shall be received from any person whose name shall not 
be found by at least two of them to be upon at least two of 
the said registers as a qualified voter. The chairman of said 
inspectors in each election district shall, if present, and if 
absent, then one of the other inspectors shall, upon any 
person offering to vote, announce in a loud, clear and dis¬ 
tinct manner the name of such person; and no ballot shall 
be received by either of the inspectors, or deposited in the 
ballot-box until at least two of said inspectors shall, as here¬ 
inabove provided, have examined and found the name and 
residence of such person, and have declared the same, and 
that such person is entered as a qualified voter ; when, if 
the vote of the said person is received, each of the inspectors 
shall, in the register made by him, write in the appropriate 
column bearing the heading “voted,” and opposite to the 
name and residence of such person, the word “yes,” and 


LAWS OF DELAWARE. 


155 


OF ELECTIONS. 


shall immediately stamp his tax receipt with the word 
“voted,” the number of the election district, and also the 
day and year of voting in letters and figures. It shall be the 
duty of each of the inspectors to note on the said register in 
his possession, in a suitable and separate part thereof, the 
name and residence of each and every person, if any, whose 
vote shall be received in contravention of the provisions of 
this section, and the name of the inspector or inspectors, if 
any, who shall so receive or deposit in the ballot-box any 
such vote; and it shall further be the duty of each of the 
inspectors, immediately on the close of the polls on the day 
of election, to compare the said registers as kept by them as 
herein provided, and attach to them a certificate in writing 
that the same are correctly checked, and within forty-eight 
hours after the completion of the canvass of the votes cast in 
the election district in which they served each inspector 
shall leave his register at the office of the Department of 
Elections, whose duty it shall be to file and preserve the 
same as provided in this act; and in no election district in 
said city shall any inspector who has custody or charge of 
any of the registers in this chapter provided for ever permit 
said register to leave his possession (except it be the one 
filed in the Department of Elections, as provided in this act) 
from the time of receiving custody of the same until he shall 
file the same, as provided in this section, save in the event of 
his resignation or removal, and the appointment, as provided 
in this act, of his successor, when he shall promptly surren¬ 
der and turn over the same to him. 


Duty of in¬ 
spector to 
note on reg¬ 
ister the 
name and 
residence of 
every per¬ 
son, illegal 
voters, in¬ 
spectors,&c. 


Further 
duty of 
inspectors. 


Shall certify 
that the 
same is cor¬ 
rectly 
checked. 


Register 
shall be left 
with the De¬ 
partment of 
Elections. 


Shall turn 
over register 
to his suc¬ 
cessor. 


SEC. 13. Any person applying to register, or offering to When per- 
vote, or who is registered, may on any day of registration or ^ n v s 0 ^" n y g 
of election be challenged by any qualified voter in the city Jjechai- 
of Wilmington, and any one of the inspectors of election in 
any election district in said city may, at any such time or 
times, and one of them shall administer to any person so Board may 
challenged the oath or oaths provided by law to test the ^thTo Ster 
qualification of challenged voters,, and any one of said in-person^ 
spectors may on such day of registration or election admin¬ 
ister to any applicant for registration the oath or oaths pro¬ 
vided in this act to be administered to and taken by any 
such applicant, and may also administer to any person who 
may be offered as a witness to prove the qualification of any 
person claiming the right to be registered, or to vote, the 
following oath: You do swear (or affirm) that you will fully Form of 
and truly answer all questions as shall be put to you touching oath - 


LAWS OF DELAWARE, 



OF ELECTIONS. 


Who may 
contest and 
challenge 
the right to 
be registered 


Inspectors 
may hear 
contest. 


Each politi¬ 
cal party 
may desig¬ 
nate and 
keep a 
challenger. 

Challenger 
may be 
assigned a 
position. 

Shall be 
protected. 

Challenger 
may be 
removed. 


Poll clerks 
shall keep a 
poll list. 


Form of 
poll books. 


the place of residence and other qualifications as an elector 
of the person (name to be given) now claiming the right to 
be registered as a voter (or to vote, as the case may be) in this 
district. 

SEC. 14. Any person who is a qualified voter in the city 
of Wilmington may, upon any day of registration or elec¬ 
tion, challenge and contest the right of any person to be 
registered in any election district or to vote at any poll in 
the said city, or may require the name of any registered per¬ 
son to be marked for challenge, and on any such day or days 
shall be entitled to be heard by the inspectors of election in 
any election district in relation to the correctness of their 
register. 

SEC. 15. At every city election held in the city of Wil¬ 
mington each political party shall have the right to designate 
the place and keep a challenger at each place of registration 
and voting, who shall be assigned such position immediately 
adjoining the inspectors of election, and upon the inside of 
the window, as will enable him to see each person as he 
offers to register or vote, and who shall be protected in the 
discharge of his duty by the inspectors of election and the 
police; each political party may remove any challenger ap¬ 
pointed by it, and all vacancies which from any cause shall 
arise shall be filled by the same party power and authority 
as conferred the original appointment. 

SEC. 16. The poll clerks, at each poll in the city of Wil¬ 
mington, shall each keep, in ink, a poll list in books to be 
prepared and furnished for that purpose, which shall contain 
a column headed “residence,” a column headed “name of 
voter,” and a column headed “remarks.” 

SEC. 17. The poll books referred to in the preceding sec¬ 
tion, shall be in form as follows: 



ELECTION DISTRICT. 


R ESIDENCE. 

Name of Voter. 

Remarks. 

■ 


♦ 





























LAWS OF DELAWARE. 


157 


OF ELECTIONS. 

The residence of each elector voting shall be entered by Poii clerks 
each poll clerk in the column of his poll list headed “resi- name, &c., 
dence,” and the name of such elector in the column headed ofeachvote;!f 
“name of voter,’’ and in the column of “remarks,” oppo¬ 
site the name of each person challenged, shall be noted the 
oath or oaths offered and taken by any such person. 

SEC. 18. I11 each election district in the city of Wilming- Dut yo f 

ton, it shall be the duty of the inspectors of election imme- lns P ector?: - 
diately after the close of the polls on the day of any election, 
before proceeding with the canvass of the ballots in the box r 
and while the poll clerks are canvassing their books, to write 
in ink, opposite to and against the name of each person en~ 
tered in their registers who is not shown by said registers to 
have voted, and in the column headed “voted,” the word 
“no,” so that column may be fully filled up; and the said in¬ 
spectors shall then compare the said registers, make them 
agree, and ascertain the number of persons who by them are 
shown to have voted at that poll that day; and when they 
have made comparison and ascertained such fact the chair¬ 
man of the board of inspectors, or in his absence the inspec- Result, how 
tor acting as such, shall announce the same in a loud voice. uinoun ^' 

SEC. 19. As soon as the poll of an election shall have Upon clos- 
been finally closed, the inspectors of election in their several hS P e°' U 
districts shall immediately, and at the place of the poll, pro- |T 0 s c Si l to 
ceed to canvass the votes. Such canvass shall be public, and canvass the 
shall not be adjourned or postponed until it shall have been Canvass 
fully completed, and the several statements hereinafter re-^ l u ^ d be 
quired to be made by the inspectors shall have been made 
out and signed by them. No vote shall be counted or can- Who to wit- 
vassed in any election district unless three qualified voters in nesS canvass 
such election district, if so many claim that privilege, are 
allowed to be present and so near that they can see whether 
the duties of said inspectors are faithfully performed. 

SEC. 20. The canvass shall commence by a comparison How the 
of the poll lists from the commencement, and a correction 3|ai! a com- 
of any mistakes that may be found thereon; and such com- mence - 
parison shall be continued until the poll lists agree as to the 
number of ballots deposited in the box; when they have Inspectors 
been made to agree, one of the inspectors shall publicly an- p J! b ' 
nounce in a loud voice the number of ballots deposited in the J°|j" t c s e 
box as shown by the poll lists. 

SEC. 21. The box shall then be opened and the ballots 
contained therein shall be taken out and counted, unopened, 


158 


LAWS OF DELAWARE. 


OF ELECTIONS. 

Box shall be except so far as to ascertain that each ballot is single; if two 
bdiots and or more ballots shall be found so folded together as to present 
F°o U r n what the appearance of a single ballot they shall be destroyed, if 
purpose. the w i 10 le unmber of ballots exceed the whole number of 
votes as shown by the poll list and not otherwise. 

How the Sec. 22. The board shall then proceed to canvass the 
proceed to votes in the following manner: the said inspectors shall open 
canvass the k a p 0 t s anc i pl ace thosewhich contain the same names 

together, so that the several kinds shall be in separate piles 
or on separate files. One of the said inspectors shall then 
take the kind of ballots which appear to be the greatest in 
number, and count them by tens, carefully examining 
1 as? e the r to eac h name 011 each of said ballots. Such inspector shall 
ballots. e then pass the ten ballots to the inspector sitting next to him, 

who shall count them in the same manner. The second in¬ 
spector shall then call the names of the persons named in the 
Poll clerks ballots and the offices for which they are designated, and the 

shall tally J & ' 

the votes. poll clerks shall tally the votes for each of such persons. The 
Third in- third inspector shall watch the proceedings of the other in- 
watch o: the spectors and the poll clerks, and at his option may perform 
of°th^other the same duties in respect to the canvass as are prescribed for 
inspectors, the second inspector, or in case of the absence of a poll 

poll*clerks* 6 c l er k may perform his duty. When the counting of each 
when can- kind of ballots shall be completed, the poll clerks shall com¬ 
pleted. u ’ m pare their tallies together and ascertain the total number of. 

ballots of that kind so canvassed, and when they agree upon 
cierks shall the number, one of them shall announce it in a loud voice to 
what. the inspectors; the kind of ballots which appear to be next 
greatest in number, and afterward each of the other kind of 
ballots in succession shall then be canvassed in the same 
scratched manner. The ballots containing names partly from one 
canvassed^ kind of ballots and partly from another, being those usually 
called split tickets, and those from which the name of a per¬ 
son proper to be voted for on such ballots has been omitted, 
or erased, usually called scratched tickets, shall then be can¬ 
vassed separately by one of the inspectors sitting between 
two of the other inspectors, which inspector shall call each 
name to the poll clerk, and the office for which it is designa¬ 
ted, the other inspectors looking at the ballot at the same 
be°r ta how T as- ti me , an d the poll clerks making note of same; when all the 
•certained. ballots found in the box have been canvassed in this manner, 
the poll clerks shall compare their tallies together, and ascer¬ 
tain the total number of votes received by each candidate, 
and, when they agree upon the number, one of them shall an- 


LAWS OF DELAWARE. 


159 


OF ELECTIONS. 

nounce in a loud voice to the inspectors the number of votes 
received by each candidate on each of the kind of ballots 
containing his name, and the total number of votes received 
by him. If after the ballots in any box have been opened or Proceedings, 
canvassed the whole number of them shall be found to ex- SnexSed 
ceed the whole number of . votes required by the correspond- th tA? tes of 

1 r . 1 11 i- . .1 • i J 1 11 1 poll lists. 

mg columns 01 the poll lists, the said inspectors shall return 
all the ballots in the box, and shall thoroughly mingle the 
same, and one of the inspectors, to be designated by the 
board, shall, without seeing the same, and with his back to 
the box, publicly draw out of such box so many of such bal¬ 
lots as shall be equal to the excess, which shall be forthwith 
destroyed, but if the ballots have been canvassed the votes 
for the person named therein shall be first deducted from the 
votes entered for such person on the tallies. 

SEC. 23. The canvass of the ballots found in any box canvass of 
shall be completed by ascertaining how many ballots of the how b asaSr 
same kind, corresponding in respect to the names of the per- tained - 
sons thereon and the office for which they are designated, 
have been received; and the result being found the said in¬ 
spectors shall securely paste or attach to each statement of 
such canvass hereinafter directed to be made one ballot of 
each kind found to have been given for the officer to be chosen 
at such election; and they shall state, in words at full length, 
immediately opposite such ballot, and written partly on such 
ballot, and partly on the paper to which it shall be pasted 
or attached, the whole number of all the ballots that were 
received which correspond with the one so pasted or attached, 
so that one of each kind of the ballots received at such elec¬ 
tion for the officers then to be chosen shall be pasted or at¬ 
tached to such statement of such canvass. If only one ballot Ballot to be 
of any kind shall be found in the box, it shall be pasted or dement, 
attached to the statement to be delivered to the Department 
of Elections, and if only two ballots of any kind are found 
in the box, one shall be pasted or attached to the statement 
to be delivered to the Department of Elections, and the other 
to be delivered to the Clerk of the City Council of Wilming¬ 
ton. They shall also paste or attach all the ballots rejected shall paste 
by them as being defective in whole or in part to the state- ballots to 
nient to be delivered to the said Department of Elections. statemeiit - 

SEC. 24. When the canvass of the ballots found in the Chairman 
box shall have been completed, and the poll clerk shall have nouicT 
announced to the inspector the total number of votes re-J“^%. 0< 
ceived by each candidate, the Chairman of the board of in- ceiv ed. 


1 60 


LAWS OF DELAWARE. 


"Inspectors 
-shall make 
triplicate 
-statements. 

What to 
.contain. 


^Certificates 
:to be sub¬ 
scribed by 
Inspectors. 

If inspector 
.decline to 
-sign return 
he shall 
state his 
reason. 

Statement, 
how sealed. 


To whom 
-direcred. 


Time in¬ 
spector shall 
make state¬ 
ment, and 
to whom. 


OF ELECTIONS. 

spectors of election, or in his absence the inspector acting 
as such, shall proclaim in a loud voice the total number of 
votes received by each of the persons voted for upon the 
ballots found in the box and the office for which they are 
designated, and such proclamation shall be prima facia evi¬ 
dence of the result of the canvass of such ballots. 

Sec. 25. The inspectors of election in each election dis¬ 
trict shall make triplicate statements of the result of the 
canvass and estimate of the votes. Each of the statements 
shall contain a caption stating the day on which such elec¬ 
tion was held, the number of the election district in relation 
to which such statement shall be made, and the time of 
opening and closing the polls of such election district. It 
shall also contain a statement showing the whole number of 
votes given for each person, designating the office for which 
they were given, which statement shall be written, or partly 
written, and partly printed in words at length, and at the 
end thereof a certificate that such statement is correct in all 
respects, which certificates, and each sheet of paper forming 
part of the statement, shall be subscribed by the said inspec¬ 
tors and poll clerks. If any inspector or poll clerk shall 
decline to sign any return, he shall state his reason therefor 
in writing, and a copy thereof, signed by him, shall be en¬ 
closed with each return. Each of the statements shall be 
enclosed in an envelope which shall then be securely sealed 
with wax, and each of the inspectors and each of the poll 
clerks shall write his name across every fold, at which the 
envelope, if unfastened, could be opened, and across the seal 
thereon. One of the envelopes shall be directed on the out¬ 
side to the Clerk of the City Council of Wilmington, another 
to the Mayor, and the third to the Department of Elections. 
Each set of tallies shall also be enclosed, securely sealed, 
and signed in like manner, and one of the envelopes shall be 
directed on the outside to the Department of Elections, and 
the other to the Clerk of the City Council of Wilmington. 
On the outside of every envelope shall be endorsed whether 
it contains the statement or the tallies and for what election 
district. 

SEC. 26. At or before the hour of ten o’clock in the fore¬ 
noon, on the first Monday after the city election, one of the 
said inspectors in each election district shall deliver to the 
Department of Elections, at its office, the statement directed 
to it; another inspector shall deliver to the Clerk of the City 
Council the statement directed to him, and the third inspec- 


LAWS OT' DELAWARE. 


I 6l 


OF ELECTIONS. 

tor shall deliver to the Mayor the statement directed to him. 

One of the poll clerks shall deliver to the Department of Poii derk 
Elections the tally directed to it, and the other poll clerk Sw l h^m! ver 
shall deliver to the Clerk of the City Council the tally direc¬ 
ted to him. And it shall be the duty of the Department of 
Elections, and its clerk, and of the clerk of the City Council 
and of the Mayor, to be present in their respective offices 
from the time of closing polls until twelve o’clock midnight 
of the day of the election, and from the hour of eight 
■ o’clock to the hour of ten o’clock in the forenoon of the first 
Monday after the election. In case, for any cause, the Clerk statements 
• of Council shall fail to attend at such time and place, the be^iepl 
President of Council shall attend and receive, take charge of, 
and safely keep said statements and tallies until delivered to 
the Clerk of Council, or to the Council at their next stated 
meeting; and if, for any cause, the Mayor shall fail to attend 
at such time and place, the statement shall be delivered to 
the City Judge of the Municipal Court for the City of Wil¬ 
mington at the City Hall, who shall take charge of and 
safely keep said statements until delivered to the Mayor. 

SEC. 27. The poll lists kept at such election shall be cer- Poii lists to 
tified in writing by both poll clerks to be a true and correct be certlfied - 
list of the votes cast at the said election in their respective 
•election districts, and at or before the hour of ten o’clock in when filed, 
the forenoon of the first Monday after the city election, shall 
be filed by such poll clerks, the one in the office of the De¬ 
partments of Elections and the other in the office of the . 

Clerk of the City Council of Wilmington. 

Sec. 28. The remaining ballots not so pasted or attached Ballots to be 
to said statements, as hereinbefore provided, shall be de- destr °y ed - 
.stroyed, and the board of inspectors shall be dissolved. 

SEC. 29. In case any officer to whom any of the papers in case of 
in the preceding sections are directed to be delivered shall officers! fo 
be absent from his office, the same may be delivered to the 
person authorized in such case to attend to his official duty, bedelivered - 
and the officer or person to whom any envelope containing 
any statement * or tally, or to whom any register or copy 
thereof or poll list shall be delivered, as in this act provided, 
shall give a receipt therefor to the inspector or poll clerk Shall give a 
from whom the same is received, and such receipt shall be ieccipt ' 
filed by said inspector or poll clerk in the office of the City 
Auditor of the city of Wilmington before any payment for 
Ihis services shall .be made. 


LAWS OF DELAWARE. 


1 62 


OF ELECTIONS. 

Time of de- Sec. 30. The members of the Department of Elections 
certifying shall, on the first Monday following each city election, at the 
the result. ] lour 0 f twelve o’clock, noon, meet in public session at the 
City Hall in said city of Wilmington and canvass, declare 
Envelopes, and certify the result of such election. The envelopes deliv- 
op h en n ed 0be ered to said Department of Elections, as provided by this 
act, shall then, and not till then, be opened by the presiding 
officer of said department at such session, who shall mark 
each separate sheet of the statement with the initials of his 
name, and proclaim and declare the persons elected, and 
before adjourning, the members of said department shall 
Certificates make two certificates, in writing, under their hands, or the 
what to hands of a majority of them, showing the state of the vote 
contain. f or Mayor, President of Council, members of Council, Asses¬ 
sors and Collectors, City Treasurer, and for any and all other 
city officers for whom votes shall have been cast (when they 
or any of them shall have been voted for according to law) 
setting forth particularly the name of every person voted for 
for said offices respectively, and the number of votes cast for 
each, and shall seal up each of said certificates separately in 
a paper with an endorsement thereon, describing the certifi¬ 
cate enclosed, and the president, or other presiding officer of 
the Department of Elections, shall, either personally or by 
person deputed by him, on the first Tuesday following the 
election as aforesaid, between the hours of ten o’clock in the 
Certificates forenoon and twelve o’clock noon, deliver and lodge one of 
delivered, said certificates in the office of the Clerk of the City Council 
of Wilmington, and the other in the office of the Mayor of 
cierk of th ° sa ^d city, and it shall be the duty of the Clerk of said Council 
Council. and the Mayor of said city, each either in person or by 
deputy, to be present in their said offices respectively, at such 
time to receive the same. 

Department ^ s ^ la ^ a ls° the duty of the Department of Elections, 
oLELctions. or a majority of the members thereof, before the adjournment 
of said public session, on the first Monday following each 
city election, to make a certificate in writing signed by them 
for each person who has been proclaimed and declared to be 
elected at said election, which certificate shall be in the 
following form, viz: 

Certificate. WlLMINGTON, DEL. , Jlllie - , 19 - . 

To- 

The undersigned members of the Department of Elections 
do hereby certify that you have been duly proclaimed and 





LAWS OF DELAWARE. 



OF ELECTIONS. 


declared by said department to have been elected at the city 

election held on the-day of- 18—, to the office 

of-. 

Said department shall forthwith cause said certificate certificate 
either to be delivered personally to the person so proclaimed ‘red 6 del,v ‘ 
and declared to have been elected, or to be mailed to his 
usual post-office address. Said certificate shall be prima Evidence. 
facie evidence of the right of the person to whom it is ad¬ 
dressed to hold the office therein mentioned. 

SEC. 31. And the Council of said city, at its meeting for Council 
organization on the first day of July next ensuing the city S e al !h£c«- 
eledtion, or if that day falls on a Sunday, then on the Mon- tificates - 
day following, shall examine the certificates so delivered to 
the Clerk of City Council as aforesaid, and if there be no 
choice for Mayor, President of Council, City Treasurer, As¬ 
sessor and Collector, or for member of Council in any of the 
wards, or any other city officer for whom votes shall have 
been cast, by reason of two or more candidates having an 
equal and the highest number of votes for any said offices, 
the Council shall proceed to elect one of said candidates for Council 
such office for which he is a candidate. shall elect. 

Sec. 32. If any candidate for any of the offices before 1 n case of 
mentioned shall choose to contest the right of any person S e X a fi e be 
claiming to have been elected to such office, such candidate presented - 
shall, within thirty days next after such election, cause to be 
presented to the said Council of Wilmington his petition, in What peti- 
writing, setting forth particularly the grounds and specifica- seTforth 11 
tions upon which said election is contested, together with an 
affidavit that such petition is not for the purpose of vexation 
and delay, but that he does verily believe that he has just 
grounds for contesting such election, and shall also at the 
same time cause to be delivered to the person whose eledtion Truecopyof 
is contested a true copy of such petition. Upon the filing 
of such petition and affidavit, the Council shall appoint a 
day, not less than ten nor more than fifteen days from the 
time of filing such petition and affidavit, for hearing and de¬ 
termining the same, giving public notice thereof in two Council 
newspapers published in the city of Wilmington, if so many s n h o ‘;J§ ive 
be published at that time, and upon the day appointed for 
such a hearing the said City Council shall sit in the City 
Hall, in the presence of such citizens and others as many 
choose to be present, shall hear the allegations and proofs of 





LAWS OF DELAWARE. 


I 64 


OF ELECTIONS. 

Evidence tlie party, and shall determine according to the very right of 
fined to the ’ the matter. Evidence shall be confined to the grounds and 
fpedfi d i- and specifications set forth in the petition. The Council shall 
dons. have power to issue subpoenas, signed by the President of 
Council may Council for the time being, and attested by the clerk, for per- 
nas'forper 06 sons and papers, (includingall poll lists, tally lists, statements 
papers^&c. and certificates delivered to the Department of Election, Cle'rk 
of Council, Mayor of the city, or any of them) to adminis¬ 
ter oaths and affirmations, to examine witnesses, and to do 
all other things requisite to arrive at a full and perfeCt 
knowledge as to the right of the case. The decision of the* 
Council, signed by its officers, shall be published in two 
newspapers printed in the city of Wilmington, if so many 
be published at that time, and shall be final and conclusive. 

inspector is SEC. 33. If at the time for opening any city election the 
absent,pkce inspectors, or a majority of them, be not present at the place 
of election, the voters there may, without ballot, by plurality, 
choose a person to supply the place of every such absent 
inspector. But the inspector or inspectors so chosen shall 
be of the same political faith and opinion as the person or 
persons for whose place or places he or they may be chosen 
to fill; and if, at the time aforesaid, either or both of the poll 
clerks be not present at the place of election, the inspectors 
shall choose a person or persons to fill the place or places of 
Proviso. such absent clerk or clerks; provided the person or persons 
so chosen shall be of the same political faith and opinion as 
the person or persons for whose place or places he or they 
oath of per- may be chosen to fill. When any person shall be chosen to 
to fill place fill the place of an absent inspector or poll clerk, he shall, 
officer. 1100 before entering upon his duties, take and subscribe the oath 
as provided in SeCtion 8 of this aCt, and a blank form of said 
oath shall be printed or written in the back of the register 
provided to be furnished to the inspectors of election tinder 
Whatshan this aCL The failure of an election officer appointed by the 
vacancy. Department of Elections to appear and enter upon the per¬ 
formance of his duties at the time or times prescribed in this 
aCt for any registration or election shall constitute a va¬ 
cancy, and. the person or persons selected under the provi¬ 
sions of this aCt to fill any or all such vacancies shall hold 
office for the unexpired term or terms of his or their prede¬ 
cessors,. under and subjeCt to all the provisions of this aCt 
respecting the same. 

SEC. 34. Every ballot box shall be so placed at a window, 


LAWS OF DELAWARE. 


165 


OF ELECTIONS. 


or elsewhere, that the voters depositing any ballot, and each Ballot box, 
challenger, may conveniently see every ballot received by howplaced ‘ 
the inspectors and deposited in the ballot-box. No screen or No obstruc- 
other obstruction to such view of any ballot-box by the tl0nall0wed - 
voter, or any challenger, shall be allowed. 

SEC. 35. The said Department of EleCtion may rent Department 
some suitable and convenient place in the said city of Wil- 5oom. renta 
mington, and fit up the same for an office for the use of the 
said Department of Elections at a yearly rental not to exceed 
. three hundred dollars. 

SEC. 36. All data and statistics, and all registers, poll ah data, 
books, and records of every kind and nature, which under &c U , S to C be 
this aCt, or under any laws of this state, or which in compli- „ 
ance with any direction, resolution, or order of the said De¬ 
partment of Elections are or may be required to be made, 
ascertained or kept by or returned to, or filed with the said 
Department of Elections, shall at all times, during office 
hours, be open to the inspection, examination, comparison 
and copying of any citizen or eleCtor, free of any charge 
whatever. 

SEC. ^7. No person who is registered in one election dis- Can register 

/ .i. ^ ^ t in but one 

tried shall register or cause himself to be registered in another district. 

district. 

SEC. 38. For all power and authority and duties in this Assen t of a 
aCt prescribed for and conferred upon, and all aCtions re- inspectors 
quired by inspectors of election, or a board of said inspectors JSlcaseTbe 
of election, save where such authority or aCtions is specifi- obtained 
cally allowed to any of said inspectors, the concurrence or 
assent of a majority of all the inspectors of election in any 
election district must in all cases be obtained. 


SEC. 39. No person shall be required to serve as an in- Shall not be 
speCtor of election under this aCt at any election district in sSve'for? 
the city of Wilmington for two successive terms. succeeding 


SEC. 40. The several inspectors of election and poll what om- 
clerks in this aCt named and created, are and shall be in all deemed and 
courts and proceedings deemed and held respectively to be 
election officers, and it shall be the duty of the said inspec- officers, 
tors of election and poll clerks, respectively, or a majority of inspectors 
said inspectors, to be in constant attendance during the hours to be in 
and time fixed for the discharge of their several duties. attendance. 


LAWS OF DELAWARE. 


I 66 


OF ELECTIONS. 

insp ect or, SEC. 41. Any inspector of election, poll clerk, or any 
challenger, challenger appointed in compliance with the provisions of 
thorough this adt shall, at any time between the first day of registra- 
Sdistrict tion, as required by this act, preceding the city election in 
and to make each year, and ten days after the official declaration and cer- 
gn inquiry, 0 £ resu it of any such eledtion by the Department 

of Elections as in this adt provided, have full power and au- 
thoritv to make a thorough and effective canvass of the elec- 

j o 

tion distridt in and for which he has been or was designated 
to serve and act upon any day of registration or eledtion, and 
to make full inquiry respedting any and every resident of any 
dwelling, building, or any other place of abode in any such 
eledtion district:, his age, term of residence, and qualifica¬ 
tions as a voter, but the power and authority by this sedtion 
conferred upon any inspector of eledtion, poll clerk, or chal¬ 
lenger, shall wholly cease upon his resignation or removal 
from the office or position to which he was appointed or for 
which he was designated. 

^specicM-s SEC. 42. The inspedtors of eledtion in each eledtion dis¬ 
poser to e tridt of the city of Wilmington, while discharging any of the 
orde^&c. duties imposed upon them by this adt, shall have full au¬ 
thority to preserve order and enforce obedience to their 
lawful commands at and around the place of registration or 
eledtion during the time of any registration, eledfion, or can-* 
vass, estimate, or return of votes; to keep the access to such 
places open and unobstructed, to prevent and suppress riots, 
tumult, violence, disorder, and all other improper pradtices 
tending to the intimidation or obstruction of voters, the dis¬ 
turbance or interruption of the work of registration or voting, 
or the canvass estimate, or return of votes, and to protedt 
the voters and challengers from intimidation and violence; 
and the register, poll books, boxes and ballots from violence 
and fraud, and to appoint, or deputize if necessary, one or 
more eledtors to communicate their orders and diredtions and 
to assist in the enforcement thereof. 

cost and ex- Sec. 43. The legal compensation of all members of the 
cfty S cha a r ge . Department of Eledtions, inspedlors of eledtions, poll clerks 
and other officers of eledtion, the cost and expenses of all 
necessary eledtion notices, posters, maps, advertisements, 
registers, books, blanks and stationery, the rent and cost of 
fitting up, warming, lighting, cleaning and safe keeping of 
all places of registration and polling places; of furnishing, 
repairing and carting ballot boxes, and all supplies of every 




DAWS OF DELAWARE. 



OF ELECTIONS. 


kind and nature for city elections in the city of Wilmington, How paid, 
shall be a city charge, and shall, upon proper certificates and 
vouchers, be paid in the same manner as by law provided for 
the payment of other expenses of the said city of Wilming¬ 
ton. The City Council of the said city of Wilmington shall City Council 
yearly levy upon the estates, real and personal, of the said the'UtT 
city of Wilmington, the amount estimated to be required to^ount 
pay the expenses of registration and of all city elections necess » r y 
which may be held in the said city during the year, and allpe^S of 
other expenses incurred by virtue of the provisions of this reglstrauon ' 
adl. 


Sec. 44. It shall be the duty of the city surveyor of the Duty of dt y 
city of Wilmington to furnish to the Department of Elec- surveyor ' 
tions, upon their request, a map, or maps of the several 
wards of said city, or any and all portions thereof. 


SEC. 45. Hereafter it shall not be lawful for any of the unlawful for 
authorities, officers, or agents of the city government of the SJfthfdty 
city of Wilmington to number or re-number any street, government 
avenue, alley, lane, road or way in said city of Wilmington, streets, &c. 
or to anywise change or alter any such number save between 
the first day of July and the last day of December of any 
year. 


SEC. 46. It shall be unlawful for any inspector of elec-Unlawful for 
tion, poll clerk, or challenger, during the election or canvass pou'ckrk, or 
of ballots, to have or keep any ballots behind the boxes, or 
within the polling place, or for them or any person or per- 
sons within the polling place to electioneer, distribute tickets & c .,o?in 
or ballots, or engage in any political discussion. Any viola- pu! C e°to ns 
tion of this sedtion shall be a misdemeanor, and shall be pun- |Jck«s U & c 
ished by imprisonment in the county jail for not more than 
ninety days, or by fine not more than two hundred dollars, or Penalty, 
both. 


SEC. 47. Whoever, during the sitting of any board of in- Shall not 
spediors of eledtion in any election distridt in the city 
Wilmington, whether held for the purpose of registration, any place of 
reception or canvass of votes, or of making return thereof, liquors, 
shall bring, take, order, or send into, or shall cause to be 
taken, brought, ordered or sent into, or shall attempt to 
bring, take or send into any place of registration or eledtion, 
any distilled or spirituous liquors whatever, or shall at any 
such time and place, drink or partake of any such liquor, 
shall be deemed and held to be guilty of a misdemeanor, and 


LAWS OF DELAWARE. 


I 68 


OF ELECTIONS. 

Penalty. sliall be punished by imprisonment in the county jail for not 
more than ninety clays, or by a fine not more than one hun¬ 
dred dollars, or both. 

Unlawful to Sec. 48. If at any registration of voters, or at any meet- 
s on ate o P r er " ing of inspedlors of eledtion held for such purpose as pro- 
regiSSS v ided in this a 61 , any person shall falsely personate an eledtor 
do any act or other person and register, or attempt or offer to register in 

to secure an , 1 - , , x . r 

unlawful the name of such elector or other person, or it any person 
registration. s ^ a || knowingly or fraudulently register, or offer, or attempt, 

or make application to register in or under the name of any 
other person, or in or under any false, assumed or fictitious 
name, or in or under any name not his own; or shall know¬ 
ingly or fraudulently register in two election distridts, or hav¬ 
ing registered in one distridt shall fraudulently attempt or 
offer to register in another, or shall fraudulently register, or 
attempt, or offer to register in any election district, not having 
a lawful right to register therein, or shall knowingly or will¬ 
fully do any unlawful act to secure registration for himself or 
any other person, or shall knowingly, willfully or fraudu¬ 
lently, by false personation or otherwise, or by any unlawful 
means, procure or attempt to cause or procure the name of 
any qualified voter in any eledtion distridt to be erased or 
stricken from any register of the voters of such distridt made 
in pursuance of this adt, or otherwise than is in this act pro¬ 
vided; or by force, threat, menace, intimidation, bribery, 
reward, or offer, or promise thereof, or unlawful means, pre- 
Uniawfui to vent, hinder or delay any person having a lawful right to 
der'oTdeiay register or to be registered from duly exercising such right, 
registering, 111 or w ^° shall knowingly, willfully or fraudulently compel or 
or tomduce induce, or attempt, or offer to compel, or induce by such 
inspector or means, or any unlawful means, any inspedtor of eledtion or 
register- 0 officer of registration in any eledtion distridt to register or 
entftied to* admit to registration any person not lawfully entitled to reg- 
register. istration in such distridt, or to register any false, assumed or 
fictitious name, or any name of any person except as pro¬ 
vided in this adt, or shall knowingly or willfully, or fraudu¬ 
lently .interfere with, hinder, or delay any inspedtor of elec¬ 
tion or other officer of registration in the discharge of his 
duties, or counsel, advise or induce, or attempt to induce any 
such inspedtor or other officer to refuse or neglect to comply 
with, or to perform his duties, or to violate any law prescrib¬ 
ing or regulating the same, or shall aid, counsel, procure or 
advise any voter, person, inspedtor of eledtion, or other 
officer of registration to do any adt by law forbidden or in 



LAWS OF DELAWARE. 


169 


OF ELECTIONS. 

this adt constituted an offense, or to omit to do any adt by 
lavv diredted to be done, every such person shall, upon con- 
vidtion thereof be adjudged guilty of a misdemeanor, and 
shall be punished by imprisonment in the county jail not Penalty, 
more than two years, or by fine not more than two hundred 
dollars, or both. 

SEC. 49. If at any election hereafter held in the city of unlawful 
Wilmington, any person shall falsely personate any eledtor [° r £J r r s s °J| t e 
or other person, and vote or attempt or offer to vote in or an elector, 
upon the name of such eledtor or other person, or shall vote 
or attempt to vote in or upon the name of any other person, 
whether living or dead, or in or upon any false, assumed or 
fictitious name, or in or upon any name not his own, or shall 
knowingly, willfully or fraudulently vote more than once for 
any candidate for the same office, or shall vote or attempt or unlawful to 
offer to vote in any eledtion district without having a lawful Sffe^fvote 
right to vote therein, or vote more than once or vote in more 
than one eledtion district, or having once voted, shall vote or qualified, 
attempt or offer to vote again, or shall knowingly, willfully 
or fraudulently do any unlawful a6t to secure an opportunity 
for himself or for any other person to vote, or shall by force, 
threat, menace, intimidation, bribery or reward or offer or 
promise thereof, or otherwise unlawfully, either diredtly or 
indiredtly, influence or attempt to influence any eledtor*in 
giving his vote, or prevent or hinder, or attempt to prevent 
or hinder any qualified voter from freely exercising the 
rights of suffrage, or by any such means induce or attempt 
to induce any such voter to refuse to exercise any such right, 
or shall by any such means or otherwise compel or induce or 
attempt to compel or induce any inspector of eledtion, or 
other officer of election in any election distridt/to receive the 
vote of any person not legally qualified or entitled to vote at 
the said election in such district, or shall knowingly, will- Unlawful to 
fully or fraudulently interfere with, delay or hinder in any wklfinspec- 
manner any inspector of election, poll clerk or other officer tor or clerk 
of election in the discharge of his duty, or by any of such neu 
means or other unlawful means knowingly, willfully or 
fraudulently counsel, advise, induce or attempt to induce any 
inspector of election, poll clerk or other officer of eledtion 
whose duty it is to ascertain, proclaim, announce or declare 
the result of any such eledtion or to give or make any cer¬ 
tificate, document, report, return or other evidence in rela¬ 
tion thereto, to refuse or neglect to comply with his duty or 
to violate any law regulating the same, or to receive the vote 


LAWS OF DELAWARE. 


I JO 

OF ELECTIONS. 


of any person in any eledtion distridt not entitled to vote 
therein, or to refuse to receive the vote of any person enti¬ 
tled to vote therein, or shall aid, counsel or advise, procure 
or assist any voter, person or inspedtor of eledtion or other 
officer of eledtion, to do any adl by law forbidden or in this 
a6l constituted an offense, or to omit to do any adt by law 
directed to be done, every such person shall, upon convidtion 
thereof, be adjudged guilty of a misdemeanor, and shall be 
punished for each and every such offense by imprisonment in 
Penalty. the county jail for not more than two years, or by a fine not 
more than two hundred dollars, or both. 

UniawfuUor Sec. 50. If any poll clerk, or any inspector of election 
spector to performing the duty of poll clerk, shall willfully keep a false 
poii P iLst false poll list, or shall knowingly insert in his poll list any false 
statement, or any name or statement, or any check, letter or 
mark, except as in this adt provided, he shall upon convidtion 
Misde- thereof be adjudged guilty of a misdemeanor, and shall be 
punished by imprisonment in the county jail for not more 
than two years, or by a fine of not more than two hundred 
dollars, or both. 


Unlawful 
for inspector 
knowingly 
to exclude a 
vote duly 
tendered or 
to receive a 
vote duly 
challenged, 
&c. 


Misde¬ 

meanor. 


Sec. 51. Every inspedtor of eledtion who shall willfully 
exclude any vote duly tendered, knowing that the person 
offering the same is lawfully entitled to vote at such eledtion, 
or shall willfully receive a vote from any person who has 
been duly challenged in relation to his right to vote at such 
eledtion without exadting from such person such oath or 
other proof of qualification as may be required by law, or 
who shall willfully omit to challenge any person offering to 
vote whom he knows or suspedts not to be entitled to vote, 
and who has not been challenged by any other person, shall, 
upon convidtion thereof be adjudged guilty of a misdemeanor, 
and shall be punished by imprisonment in the county jail for 
not more than two years, or by a fine of not more than two 
hundred dollars, or both. 


officer • SEC. 52. Every inspedtor of eledtion, member of the De- 
Snvass,^ 0 partment of Elections, poll clerk or other officer authorized 
offailecerti- t0 take part * n or perform any duty in relation to any canvass 
of a a te mfsde- y or official statement of the votes cast at any eledtion, who 
meanor. shall willfully make any false canvass of such votes, or who 
shall make, sign, publish or deliver any false return of such 
eledtion, or any false certificate or statement of the result of 
such eledtion, knowing the same to be false, or who shall 
willfully deface, destroy or conceal any statement or certifi- 


LAWS OF DELAWARE. 


I 71 


OF ELECTIONS. 

cate entrusted to his care or custody, shall, on conviction 
thereof, be adjudged guilty of a misdemeanor, and shall be 
punished by imprisonment in the county jail not more than 
two years, or by a fine of not more than two hundred dollars, 
or both. 

SEC. 53. If any person other than an inspector of elec- Persons who 
tion shall, at any such eleCtion, knowingly and willfully put, SjyputTr 
or cause to be put, any ballot or ballots or other paper having £X e t?obe 
the semblance thereof into any box used at such election for placed in the 
the reception of votes, or if any such inspector shall, know- offered by 
ingly and willfully, cause or permit any ballot to be in said guihyot a 
box at the opening of the polls and before voting shall have 
commenced, or shall, knowingly and willfully or fraudu¬ 
lently, put any ballot or other paper having the semblance 
thereof into any such box at any such election, unless the 
same shall be offered by an eleCtor, and his name shall have 
been found and checked upon the registers as hereinbefore 
provided, or if any such inspector or other officer or person 
shall fraudulently, before, during or after the canvass of bal¬ 
lots, in any manner change, substitute or alter any ballot, or 
shall remove any ballot or semblance thereof from, or add 
any ballot or semblance thereof to the ballots found in any 
box upon the closing of the polls, every such person shall, 
upon conviction thereof, be adjudged guilty of a misde¬ 
meanor, and shall be punished by imprisonment in the 
countv jail for not more than two years, or by a fine of not Penalty, 
more than two hundred dollars, or both. 

SEC. 54. If any member of the Department of Elections, Penalty for 
inspector of election, poll clerk, or other officer of registra-^uty^f 
tion, election or canvass, of whom any duty is required in ^ ect of 
this act or by the general election laws of this State (so far as 
the same are consistent with the provisions of this aCt), shall 
be guilty of any willful negleCt of such duty, or of any cor¬ 
rupt or fraudulent conductor praCtice in the execution of the 
same, he shall, on conviction thereof, be adjudged guilty of 
a misdemeanor, and shall be punished by imprisonment in 
the county jail for not more than two years, or by a fine of 
not more than two hundred dollars, or both. 

SEC. 55. Every inspector of election, poll clerk or other 
officer or person having the custody of any record, register 
of votes, or copy thereof, oath, return of votes, certificate, 
poll lists, or anv ; paper, document or evidence of any descrip- 


LAWS OF DELAWARE. 


1 72 


OF ELECTIONS. 

Persons tion in this aCt directed to be made, filed or preserved, who 
twiy^f cus " is guilty of stealing, willfully destroying, mutilating, defac- 
who r s d han c '’ ing, falsifying or fraudulently removing or secreting the 
deface *or whole or any part thereof, or who shall fraudulently make 
destroy or any entry, erasure or alteration therein, except as allowed 
same guilty and directed by the provisions of this aCt, or who permits any 
mea™r. de " other person so to do, shall upon conviction thereof be ad¬ 
judged guilty of a misdemeanor, and shall be punished for 
Penalty. each and every offense by imprisonment in the county jail 
not exceeding two years, or pay a fine of not more than two 
hundred dollars, or both. 

SEC. 56. Every person not an officer, such as is men¬ 
tioned in the last preceding section, who is guilty of any of 
the acts specified in said section, or who advises, procures or 
abets the commission of the same, or any of them ? shall, 
upon conviction thereof be adjudged guilty of a misde¬ 
meanor, and for each and every such offense shall be pun¬ 
ished by imprisonment in the county jail not exceeding two 
years, or by a fine not more than two hundred dollars, or 
both. 

Persons Sec. 57. Any person who shall be conviCted of willful 
affirming and corrupt false swearing or affirming in taking any oath 
guifty of or affirmation prescribed by or upon any examination pro- 
perjury. vided for in this aCt, shall be adjudged guilty of willful and 
corrupt perjury. 

Any person Sec. s 8. Everv person who shall willfully and corruptly 
advise or in- instigate, advise, induce or procure any person to swear or 
sons tc> er " affirm falsely, as aforesaid, or attempt or offer so to do, shall 
iyl5bje?t e to b e adjudged guilty of subornation of perjury, and shall, upon 
same pun- conviction thereof, suffer the punishment directed by law in 

ishment as r 1 r 1 1 J 

in cases of cases of willful and corrupt periurv. 

perjury. 

Unlawful to SEC. 59. If any person shall fraudulently change or alter 
a r iter d the n biu the ballot of any eleClor, or substitute one ballot for another, 
lot of an or fraudulentlv furnish any elector with a ballot containing 
more than the proper number of names, or shall intention¬ 
ally practice any fraud upon any eleCtor to induce him to de¬ 
posit a ballot as his vote and to have the same thrown out 
and not counted, or to have the same counted for a person or 
candidate other than the person or candidate for whom such 
eleClor intended to vote, or otherwise defraud him of his 
Misde- vote, every such person shall, on conviction thereof, be ad- 
meanor. judged guilty of a misdemeanor, and shall be punished by 


LAWS OF DELAWARE. 


173 


OF ELECTIONS. 

imprisonment in the county jail for not more than two years, Penalty, 
or by a fine of not more than two hundred dollars, or both. 

SEC. 60. If any person shall willfully disobey any lawful Person 
command of any inspedtor of election, or of any board of command g of 
inspedtors of eledtions, given in the execution of his or their inspector - 
duty as such at any eledtion, he shall, upon convidtion 
thereof, be adjudged guilty of a misdemeanor, and shall be Misde- 
punished by imprisonment in the county jail for not more meanor - 
than one year, or by a fine of not more than two hundred 
dollars, or both. 

SEC. 61. If at any registration of voters, or on any day of Penalty for 
eledtion, or during the canvass of the votes cast thereat, any fhTpeacl 
person shall cause any breach of the peace, or use any > when r* 
violence, or threats of violence, whereby any such regis- |ngs are 
ration, eledtion, or canvass shall be impeded or hindered, or in,peded - 
whereby the lawful proceedings of any inspedtor of election, 
or board of inspedtors of eledtion, or poll clerk, or other 
officer of such eledtion, or challenger, as hereinbefore pro¬ 
vided, are interfered with, every such person shall, upon con¬ 
vidtion thereof, be adjudged guilty of a misdemeanor, and. 
shall be punished by imprisonment in the county jail for not 
more than two years, or by a fine of not more than two hun¬ 
dred dollars, or both. 

SEC. 62. If any person shall, knowingly or willfully, ob- Persons 
strudt, hinder, assault, or by bribery, solicitation, or other-hindering oV 
wise interfere with any inspedtor of eledtion, poll clerk or SJspecto?o«* 
challenger in the performance of any duty required of him, g|j|ff y °^ c a ers 
or which he may by law be authorised or permitted to per- misde- 
form, or if any person by any other means before mentioned meanor ' 
or otherwise unlawfully shall, on the day of registration or 
eledtion, hinder or prevent any inspedtor of eledtion, poll 
clerk, or challenger, in his free attendance and presence at 
the place of registration or of eledtion, in the eledtion distridt 
in and for which he is appointed or designated to serve, or 
in his full and free access and egress to and from any such 
place of registration or of eledtion, or to -and from any room 
where any such registration or eledtion or canvass of votes, 
or of making any returns or certificates thereof may be had, 
or shall molest, interfere with, remove or ejedt from any 
such place of registration, or poll of eledtion, or of canvassing 
ballots cast thereat, or of making the returns or certificates 
thereof, any such inspedtor of eledtion, poll clerk or challen¬ 
ger, or shall unlawfully threaten, or attempt, or offer to so 


i74 


LAWS OF DELAWARE. 


Penalty. 


Penalty for 
neglect to 
exercise the 
powers 
conlerred. 


Unlawful to 
steal or 
break open 
ballot box. 


Unlawful 
to deface 
ballots. 


Unlawful for 
inspector or 
clerk to ad¬ 
mit any per¬ 
son to regis¬ 
tration, &c., 
except by 
consent of 
the majority 
of inspectors 


Irregulari¬ 
ties no de¬ 
fense. 


OF ELECTIONS. 

do, every such person shall be guilty of a misdemeanor, and 
on conviction thereof shall be imprisoned in the county jail 
for not more than two years, or by a fine of not more than 
two hundred dollars, or both. 

SEC. 63. Any inspector of eledlion who shall willfully 
negledl, or when called on, shall willfully decline to exercise 
the powers conferred on him in this act, for any of the pur¬ 
poses set forth in Section 42 of this a6t, shall be deemed 
guilty of a misdemeanor, and on convidlion thereof shall be 
punished by imprisonment in the county jail for not more 
than one year, or by a fine of not more than two hundred 
dollars, or both. 

SEC. 64. If any person shall, upon the day of any such 
eledlion, or before the canvass of votes is completed, steal or 
willfully break or destroy any ballot-box used or intended to 
be used at such eledtion, or shall willfully or fraudulently 
conceal, secrete or remove any such box from the custody of 
the inspedtors of eledlion, or shall alter, deface, injure, de¬ 
stroy or cancel any ballot which has been deposited in any 
ballot-box at such eledlion which has not been already 
counted and canvassed, or any poll list used or intended to 
be used at such elecfion, or any report, return, certificate, or 
other evidence in this adl required or provided for, shall, on 
convidlion thereof, be adjudged guilty of a misdemeanor, 
and shall for each and every such offense be punished by im¬ 
prisonment in the county jail for not more than two years, or 
by a fine of not more than two hundred dollars, or both. 

SEC. 65. If in any eledlion distridl in any registration of 
voters, or at any city eledlion hereafter held in the city of 
Wilmington, any inspector of eledlion or poll clerk shall 
knowingly or willfully admit any person to registration, or 
mark any entry upon any register of voters or poll books, or 
receive any vote, or proceed with a canvass of ballots, or 
shall consent thereto, unless a majority of the inspedlors of 
eledlion in said eledlion distridl are present and concur, he 
shall, upon convidlion thereof, be adjudged guilty of a misde¬ 
meanor, and shall be punished by imprisonment in the 
county jail for not more than sixty days, or by a fine of not 
more than one hundred dollars, or both. 

SEC. 66. Irregularities or defedls in the mode of notici- 
ing, canvassing, polling or condudling any eledlion au- 


LAWS OF DELAWARE. 


*75 


* 


OF ELECTIONS. 

thorized by this adt shall constitute no defense to a prose¬ 
cution for a violation of the provisions of this adt. 

SEC. 67. Upon any prosecution for procuring, offering or Evidence, 
casting an illegal vote, the accused may give in evidence any 
fadt tending to show that he honestly believed, upon good 
reason, that the vote complained of was a lawful one; and the 
jury may take such fadts into consideration in determining 
whether the adts complained of were fully done or not. 

Sec. 68 . It is hereby made the special duty of the At- Duty of the 
torney-General of the State of Delaware to immediattly pros-Gen^r’ 
ecute all complaints which may be made of a violation of 
any of the provisions of this adt to final judgment; and it 
shall be the duty of the Department of Elections to notify 
the said Attorney-General of all violations under this adt. 

SEC. 69. That all laws, or parts of laws heretofore passed, |^;° n r sistent 
inconsistent with any of the provisions of this adt, be and peaied. 
the same are hereby repealed. 

SEC. 70. This adt shall take effedt from its passage with Time of 
this proviso, that the next city election in the city of Wil- takins effect 
mington, in the month of June, in the year eighteen hun¬ 
dred and eighty-seven, shall be held in accordance with the 
present existing laws, and none of the provisions of this a6l 
shall apply thereto. 

if: 5{c 5f; 

ASSESSORS AND COLLECTORS. 

SEC. 77. There shall be eledted, at the city election in chapter207, 
the year 1889, and in every second year thereafter, two Asses- amendedTy 
sessors and Collectors for the city of Wilmington, for the ^ u p ^ e e r ^°’ 
term of two years each, one of whom shall reside in and be Electionof 
voted for and eledted in and for that portion of the city north 
of Sixth street, and the other one in and for that portion of tors. Resi- 
the city which lies south of Sixth street. Whenever a street dence ' 
is named as a boundary in this sedtion, the centre thereof 
shall be understood. The Assessors shall be also the Collec¬ 
tors of the city for their respective districts, and as such shall 
give bonds as provided in Sedtion 97 of this adt. A failure to Bonds, 
eledt by reason of two or more persons voted for for the office in case of 
of Assessor and Collector, having a legal and at the same time cwifto 
the highest'number of votes for such office, shall be deemed a elect - 
failure to hold an eledtion as to such officer, and thereupon 
the City Council at its next meeting shall eledt such officer. 


LAWS OF DELAWARE. 


1 76 


Freehold 

qualification 


OF ELECTIONS. 

SEC. 78. No person shall be elected an Assessor and Col¬ 
lector, as aforesaid, who shall not have been, for at least six 
months before his election, the owner of a freehold estate 
within the said city, the value of which, according to the 
city assessment made next before his election, shall be at 
least five hundred dollars clear of all incumbrances. 


Office of Secretary of State, 

Dover, January ist, 1892. 

In obedience to the directions of Chapter 370, Volume 19, Laws of 
Delaware, I Jiave collated and caused to be published in the forego¬ 
ing pamphlet, an a6t entitled “An a6l to provide for the Secrecy 
and Purity of the Ballot,” an a 61 entitled “An a 61 to provide for the 
Registration of Voters,” an a6t entitled “An acl to provide for the 
Registration of Voters in the City of Wilmington,” and such other 
laws as relate to general and special eledlions in the State and muni¬ 
cipal eledlions in the City of Wilmington, with a preface, giving as 
briefly as possible the requirements of the law, instructions as to its 
operation, and a full index to the same. 

I have also prepared and caused to be prefixed to this pamphlet 
a diagram showing the arrangement of an ordinary polling place, a 
sample ballot, and a digest of the duties of officers. 

DAVID T. MARVEL, 

Secretary of State. 










INDEX. 


A 

ALTERNATE REGISTRARS— 
(See Registrars and ) 


APPEALS— 

From Registrars, duty of board in case 
of. 29 

ASSESSMENT DISTRICTS— 

Three in Wilmington hundred ... 135 

Boundaries.135 

ASSESSORS— 

Election of. 90 

Time and place of holding, ballots, 

&c . 90 

Certain county assessors continued in 

office. 90 

Certificates of election, to whom deliv¬ 
ered, form, &c. 90 

Counting of votes, tie. 91 

Division of hundred into several dis¬ 
tricts . 91 

Meeting of inspectors and judges, . . 91 

Duties of. 91 

Elections of, for Wilmington hundred 135-6 

Qualifications of.135 

Duties of.136 

Assignment of by Levy Court, when, 

&c. 137 

Additional. 137 


ASSESSORS— Continued. 

Duty of.137 

Election of assessors and collectors in 

the city of Wilmington.175 

Residence, bonds, tie vote, &c. 175 

Freehold qualification.176 


ASSOCIATE REGISTRAR— 

Registrar to appoint, when. 33 

Vacancies, how filled. 33 

Oaths, powers and duties. 33 

ATTORNEY-GENERAL— 

Duty of in prosecutions of offenses at 
certain elections,.74, 175 


B. 

BALLOTS— 

What nominations shall be excluded 

from. 5 

Clerks of Peace to print. 5 

Size, form, style and color of ... . 5 

Arrangement of. 6 

Pasters for, in case of death, resigna¬ 
tion or removal of candidate on . . 6 

Duty of Clerk of the Peace and prin¬ 
ter in respect to.6-7 

Number of, to be printed. 6 

Packages of, to whom delivered, &c. . 7 

Penalty for breaking package except 
in presence of election officers . . 8 • 

Loss or destruction of, new supply . . 8 






























2 


INDEX. 


BALLOTS— Continued. 


BOARD OF CANVASS —Continued. 


Opening of package of, by election 

officers. 9 

Delivery of. 9 

Delivery of, and stamps. 10 

Preparing of, alterations and changes, 

folding, deposit, &c.10-n 

Defaced or mutilated. 12 

Voters’ assistants to prepare, in certain 

cases. 12 

What not deposited. 12 

Removal of, or having in possession 

outside of election room. 12 

What not counted. 14 

Disputed, to be preserved. 14 

Remaining ballots, how destroyed . . 14 

Ballots left over with Clerk of Peace, 

how destroyed. 14 

Distinguishing marks on, penalty for . 16 

Counting, to be public.102 

Disposition of.102 

Tampering with, penalty,. 72 

Form of.142 

Scratched, how canvassed,.158 

Certain to be destroyed,.161 






BALLOT BOXES— 


Sheriff to make and deliver ... 16, 95 

How made, size, &c. 96 

Examination of, before election, &c. 100-1 

Custody of.102 

Inspectors to produce, at meeting of 

Board of Canvass.104 

Sheriff to keep.108 

Delivery of, to the Senate and House 108 

To be furnished inspectors. 49 

Placing of.64, 165 

Stealing or destroying of ... . 73, 174 


BETTING— 

At elections, on result, penalty ... 93 

BOARD OF CANVASS— 

Meeting of.; . 103 

Canvass of returns.105-106 

Return in case of military interference 87 
May choose place of meeting in case 

of interference. 88 

Meeting of.103 


Inspectors to meet as, when and where 103 
Summary of vote.105 


BOARD OF INSPECTORS— 

To meet and organize.53, 150 

Duty of.53, 150-3 

Announcement by chairman of, at elec¬ 
tions . 63 


(See Registration of Voters.) 


BOARD OF REGISTRATION— 

Of whom composed.28-29 

Time, place and object of sitting 

29 . 30 . 3 L 33 

Duties and powers of, quorum . . 29-32 


Comparing registers. 34 

Certificates.34-35 

Compensation. 38 

(See Inspectors.) . 53-74 


BOOKS OF REGISTRATION— 

Governor to provide. 21 

Entries, how arranged. 21 

Form of. 22 

Registrars to mark, facts recorded, &c. 24-5 

Delivery of, to Sheriff. 35 

Registrars to keep one register ... 35 

Department of Elections to cause to 

be prepared. 47 

Contents, form, &c. 47-8 

Duty of inspectors to make certain en¬ 
tries in. 59 

Comparing, certifying, custody of, de¬ 
livery, &c.59-60 

Delivery of to inspector, comparison, 

custody. 60 

Entries in at voting. 61 

Delivery to Department of Elections, 61 
Department of Elections to cause to 

be prepared.146 

How arranged.145 

Furnishing to inspectors, custody, &c. 145 


Entries in, comparison of, certificate 

of, delivery of.153 

BOOTHS— 

Inspector to cause, to be constructed 
in election room, size, number and 
arrangement of.. . 2 
























































INDEX. 


3 


BRIBERY— 

Penalty for. 82 

Accepting, a misdemeanor .... 82 

At elections in the city of Wilmington, 
penalty,.69-73 

c 

CANVASS OF VOTES— 

Method of.103, 157, 160 

CARDS OF INSTRUCTION— 

Clerks of the Peace to have printed . 9 

Inspectors to have posted, form of, &c. 9 

CERTIFICATES— 

Of organization of political party, Clerk 
of the Peace may demand .... 3 

Of nominations, time of filing, preser¬ 


vation, publication, &c.3-6 

Of registration. 28 

Of Board of Registration.34-35 

Of Board of Canvass.107 

Of oath. 96 

Of election, form, &c. 97 

Of oath of election officers. 98 

Of result of election.103 

Of election, production of upon failure 
of inspector to attend Board of Can¬ 
vass . 104-105 

Of result of election by Board of Can¬ 
vass ..105 


Of result of election, form, &c. . 105-107 

Of result of election for Electors of 
President and Vice-President . m-112 

Of election of road commissioners, 118-119 
Of terms of office of members of De¬ 
partment of Elections. 45 

Of appointment of inspectors and poll 

clerks. 51 

Of removal of voters . . ... 56 

Of correctness of registers, &c., form 

of.58-9 

Of election of assessors in Wilmington 

hundred .136 

Of appointment of inspectors .... 148 

Of number of voters registered each 

day . 15 2 

Of result of elections.162 


CHALLENGERS— 

Selection of, and change of . . 2, 62, 156 

Where to stand, &c.10, 62, 156 

Of voters in city of Wilmington . 62, 155 
Of right to be registered.156 


CITY COUNCIL (WILMINGTON)— 

Who shall compose.140 

Election, term of office, &c. . . . 140-2 

President of.141 

Removal from ward, vacancy .... 142 

To examine certificate of result of 
election and decide in case of tie . 163 

To give certain notice in case of con¬ 


tested election.163 

To issue subpoenas ........ 164 

To levy amount necessary to pay ex¬ 
penses of registration, &c.167 

CITY SURVEYOR— 

Duty of.66, 167 


CITY TREASURER (WILMING¬ 
TON)— 

Election of, term of office.141 

CLERK OF CITY COUNCIL— 

Duty of to receive certificate of result 
of election.162 

CLERK OF ELECTION— 

Entry of initial of, in ink on tickets . 9 

Duty of, in distributing ballots and 


stamp. 9 

Oath of, form.13, 100 

Appointment of. 50 

Qualification and examination .... 50 

Oath of office, term of office .... 52 

Penalty for refusal to serve. 52 

Vacancies, compensation, &c. 52 

Duty of, entries, &c. 63 

Absence of, how remedied. 64 

Making false entries, penalty .... 69 

Appointment, examination and qualifi¬ 
cation of.147 

Oath of, term of office, vacancies, com¬ 
pensation . 147-8-9 

Exemption from military duty ... 150 











































4 


INDEX. 


CLERK OF ELECTION —Continued. 

To keep a list of voters, &c.156-7 

Duties of in canvassing votes .... 158 

To deliver statement of canvass of 


votes, to whom.. 161 

To certify poll lists.161 


(See Penal Offenses .) 

CLERK OF THE PEACE (NEW 
CASTLE COUNTY)— 

To preserve certificates of terms of 
members of Department of Elec¬ 
tions . 45 

CLERKS OF THE PEACE— 

To demand certificate of twenty-five 
voters of organization desiring to be 
regarded as a political party, in case 

of doubt. 3 

Decision of disputes, about device, &c. 4 

Preservation of certain certificates, . 4 


Printing of ballots.3, 5, 7 

Publication of nominations. 5 

Furnishing of pasters in case of death, 
removal, or resignation of nominees 6 

Stamps, ink-pads, &c. 7 

New supply of ballots. 8 

Instruction cards. 9 

Preservation and destruction of ballots 
left over. 14 


To notify Levy Court Commissioners 
of vacancies in office of inspector . 92 

Alphabetical list of names, &c., for 
Sheriff. 96 

COLLECTORS— 

Required to attend election, duty of . 80 

Election of, for Wilmington city . . 175-6 


COMMISSIONERS— 

For redistricting State, appointment . 13 

Duties of. 13 

Report to the Clerk of the Peace . . 14 

Compensation of. 17 


COMPTROLLER (NEW CASTLE 


COUNTY)— 

Election of.126 

Term of office, &c.126 


CONSTABLES— 

Required to attend elections .... 80 

Duty of.80-84 

Appointment of special in Wilmington 
at general election,^who may be ap¬ 
pointed .138 

Duty of special, arrests.138 

Compensation. 139 

CONSTITUTION (STATE)— 

Amendments to. 77 — 7 ^ 

CONSTITUTIONAL CONVENTION— 
Special election for. 78 

CONTESTED ELECTIONS— 

Seats in Legislature.115 

Notice of, specifications.115 

Mode of contest.115-117 

Of others than members of the Gen¬ 
eral Assembly.117-121 

Proceedings.118-121 

Of Electors of President and Vice- 

President .... 121 

Proceeding of contest.121-123 

Of Levy Court Commissioners of New 

Castle County.. 125-126 

Of city offices.163 

Petition, notice, &c.163 

Proceedings in.163-4 

CORPORATIONS— 

Intimidation by.124 


COUNCIL (WILMINGTON CITY)— 

(See City Council .) 

COUNTY TREASURER (KENT 

AND SUSSEX COUNTIES)— 

Election of, term of office.127 

D. 

DEPARTMENT OF ELECTIONS 


(WILMINGTON HD.)— 

Governor to appoint. 45 

Term of office, how determined ... 45 

Qualifications. 46 


Members not to be candidates for office 46 












































INDEX. 


5 


DEPARTMENT OF ELECTIONS 
(WILMINGTON HD.)-Continued. 

Vacancies, how filled. 46 

Oath, organization, compensation, &c. 46 

Duties and powers of Department . 46-51 

Clerk of. 48 

Comparison and delivery of registers 60 

Office for use of. 65 

Compensation of, how paid. 66 

DEPARTMENT OF ELECTIONS 
(WILMINGTON CITY)— 

Members of, for, terms extended . . 143 

Who eligible.143 

Not to be candidates for office . . . 143 

Vacancy, how filled.143 

Compensation.143 

Duties and powers of.143-150 

To examine and compare registers . . 153 

To make certificates of result of elec¬ 
tion .162 

To rent room for office.165 

DEVICE— 

Certificate of, by convention .... 3 

What may be used and what may not 

be used. 3 

Division of party, what faction shall 


use party. 4 

E. 

ELECTIONS— 

Room for holding. I 

Place of holding. 1 

Notice of change of place.' 1 

Place of voting in new election dis¬ 
tricts . 13 

When held. 76 

Place of voting. 79 

Time and place of holding. 93 

Notice of, by inspector. 99 

Time of opening .101 

Close of, notice.102 

Of Electors of President and Vice Pres¬ 
ident, when held . 111—113 

Of Representative in Congress . 113-115 

Special constables for.138-9 


Time of holding in Wilmington city . 140 

How conducted in city of Wilmington 142 


ELECTIONS, CONTESTED— 

(See Contested Elections.') 

ELECTION DISTRICTS— 

Commissioners to divide. 13 

Place of voting in new. 13 

Department of Elections to divide 

Wilmington city into. 46 

Size, location, etc., of.46-7 

Division of. 47 

Canvass of. 65 

City of Wilmington divided into 

twenty-seven.131 

Boundaries and polling places in . 131-2 


Department of Elections of Wilming¬ 
ton city to advertise the number and 
boundaries of ..144 


ELECTION OFFICERS— 

Duty of, in case no ballots are found at 

polling place. 8 

Selection of voters’ assistants .... 10 

Duty of, during time of voting . 11, 14, 37 
To take the prescribed oath 13, 16, 98, 100 

Choice of clerks.100 

Ballot boxes, examination of ... . 101 

Reading and counting of votes . 103, 157 

Certificates of result.90-91 

Penalty for revealing certain knowl¬ 
edge . 15 

Powers of. 79 

Penalty for neglect of duty. 80 

Receiving unlawful votes, penalty . . 81 

Meeting of, to ascertain vote for asses¬ 


sor . 9 1 

Oath of, form.98, 100 

To be in separate room.101 

Department of Elections to dismiss, 

etc.• • 48 

Duty of.61, 63 

Duty of, after closing of elections . . 64 

Who deemed to be. 65 

Attendance of. 65 

To make canvass of election districts 65 
Compensation of, how paid. 66 


Unlawful for, to electioneer, penalty . 67 

Making false canvass or entries, penalty 70 
Willful neglect of duty by, penalty . 71 

Dismissal of.145 



















































6 


INDEX. 


ELECTORS— 


GOVERNOR— Continued. 


Duty of, in voting.10-12 

Qualifications.18, 36, 79, 89 

Oath of.102 


ELECTORS OF PRESIDENT AND 
VICE PRESIDENT— 


Appointment of Department of Elec¬ 
tions for Wilmington. 45 

Appointment of special constables for 

Wilmington at general elections . . 138 

♦ 

1. 


How chosen. hi 

Election, when held.in 

Proclamation.in 

How conducted.in 

Board of Canvass.in 

Certificates.in 

Proclamation of result.112 

Failure to elect, Legislature convened 112 

Mode of election.112 

Qualifications.112 

Certificates, how made.113 

Meeting of, voting, &c . . '.113 

Contested elections of Electors of Presi¬ 
dent and Vice President . . . 121-123 


G 


GOVERNOR— 

Election of, returns, contested ... 76 

Appointment of commissioners by, for 
redistricting State for purposes of 

election. 13 

Appointment of registrars and alter¬ 
nates . 18-19 

Preparation of registration books, . 21-23 

Proclamation of, of number of elec¬ 
tors to be elected for President and 


Vice-President.in 

Certificates of election.112 

Convening of General Assembly . . 112 

Returns of election of Representative 

in Congress.114 

Vacancy .114 

Commissions. 120 

Writs of election.108-109 

Certificates of election of.105 


Filing of certificates of Board of Can¬ 
vass of result of election of, in the 
office of the Prothonotary of Kent 
county ..107 


INSPECTOR— 

To provide room in his hundred or 
election district for holding election 1 

Selection of challengers in case of 
failure of political party to do so . . 2 

To receive ballots for his election dis¬ 
trict . .. 7 

Duty of, at opening of polls . . 9, 13, 16 

To deposit what ballots.12, 36 

Selection of, in new election district . 13 

Disputed ballots to be preserved ... 14 

To choose judges, how and when . 33, 99 
Duty of, to have registers, &c., at place 

of election. 36 

Delivery of oaths, certificates, &c., to 
Clerk of the Peace .... 37, 38, 108 
Meeting of, with other election officers 91 
Notice of election, how given . . 99, no 
Proclamations at opening and closing 


of polls.101-102 

Meeting as Board of Canvass 103, 104, no 

Notice of special election.no 

Compensation of. 16 

Appointment of. 92 


. Refusal to stamp tax receipts, penalty 96 
If none at election, substitute .... 99 

Meeting of, as a Board of Canvass . . 103 

To produce certificates, ballot box, &c. 104 
Penalty for not attending Board of 
Canvass.104 

INSPECTORS (WILMINGTON)— 
Department of Elections to appoint 


and fill vacancies. 50 

Qualifications. 50 

Examination. 50 

Oath of office. 50 


Penalty for neglect or refusal to act . 51 

Certificate of appointment of ... . 51 

Term of office, removal, vacancy, etc. 51 













































INDEX. 


7 


INSPECTORS (WILMINGTON) — 
Continued. 

Vacancies, compensation, etc. ... 52 

To be Board of Registration .... 53 

(See Registration of Voters) . . 53-61 


Comparing of registers. 59 

Certification of registers. 59 

Custody of.. 59 

Delivery of registers to. 60 

Duty of, comparing registers, etc. . . 60 

To have registers at polls. 60 

Chairman of, to make the announce¬ 
ment of names. 61 

Entries in register. 61 

Delivery of registers to Department of 
Elections. 61 


Entries by, in poll books ...... 63 

Announcement by chairman of . . . 63 

Absence of, how remedied. 64 

Majority of, must concur. 65 

Required to serve but one term ... 65 

Powers and duties of, at election . . 66 

Failure of, to perform duties, penalty . 70 

False entries by, penalty. 70 

Duty of, in respect to record of deaths 146 
Appointment of, for Wilmington city, 

time.147 

Qualifications, oath of . . .• . . . 147-8 

Neglect or refusal to serve, penalty . 148 

Certificate of appointment, term of 

office.148 

Removal, vacancy, compensation . . 149 

Exemption from military duty . ... 150 

Meeting and organization as a Board 


of Registration.150 

Duties of, as registers.150, 153 

To be present at each polling place on 

day of election.154 

To have registers at election .... 154 

Announcement of voter’s name ... 154 

Entries in register.154 

Entries of illegal votes.155 

Checking of names, certificate ... 155 

To leave register with Department of 

Elections. 155 

To hear contest of challenges at regis¬ 
tration .156 


INSPECTORS (WILMINGTON) — 
Continued. 

To make certain entries in registers im¬ 
mediately after close of polls. . . 157 

Announcement of result of election . 157 

Canvass of votes, duties of .... 157-8 

To make triplicate statements .... 160 

Certificates of result of election ... 160 

Absence of, how vacancy filled ... 164 

Majority to act.• . . 165 

Not required to serve more than one 

term.165 

Attendance.165 

To make a canvass of district • • . . 166 

Preservation of order.166 

Unlawful to keep ballots behind box, 

etc.167 

Keeping false poll list, penalty ... 170 

Excluding votes offered, penalty . . . 170 

False canvass, return, canceling certi¬ 
ficate, etc.170 

Neglect to exercise powers, penalty . 174 

Admitting persons to registration with¬ 
out consent of majority, penalty . 174 

INTERPRETER— 

May be called. 10 

INTIMIDATION— 

Persons employing, at registration or 

election. 40 

At elections by persons or corporations 124 

Liability.124 

Of voters or interference with election 
officers, penalty.68-69 

INTOXICATING LIQUORS— 

Stalls for sale of, unlawful. 83 

Selling prohibited, penalty. 84 

Selling or giving away unlawful on 
day of election within one mile of 

voting place, penalty. 84 

Room used for sale of, sixty days pre¬ 
vious not to be used for registration 

room. 47 

Having at place of registration or vot¬ 
ing, penalty.. 67, 167-8 











































8 


INDEX. 


INSTRUCTION CARDS— 

Who to provide, posting, &c. 9 


JUDGES OF ELECTION- 

HOW selected.33, 39, 99 

To be associate officers of registration 33 
Oath of office.13, 16, 98, 100 


To choose clerks of election,. 100 

(See Election Officers.') 

Duty of, in making entries on list . . 37 

Inspectors to be .. 99 

Election of, failure, how supplied . . 99 

Refusal to serve, penalty. 99 


JUSTICES OF THE PEACE— 


To attend elections. 80 

Duty of.80, 84 


L 

LEVY COURT COMMISSIONERS— 
Appointment of inspectors to fill va¬ 


cancies . 92 

Certificate of result of election of . . 105 

Election of.125 

Term of. 125 

Vacancies, how supplied.125 


(Of New Castle County), boundaries 
and divisions, election of . . . 125-126 

To assign assessors for Wilmington 
hundred.137 

M 

MAYOR (WILMINGTON)— 

To perform duties of justice of peace at 

elections in Wilmington. 80 

Election of, term.140 

Vacancies in office, how filled . . . 140 

To be at office in person or by deputy 
to receive certificate of result of elec- 

• . 162 


MILITARY INTERFERENCE— 


At elections. 86 

Right to withdraw and go to other 

places to hold election. 86 

Oath of voter. 86 

Polls, where hgld. 87 

Board of Canvass.87-88 


MILITIA— 

Unlawful for officers to call out the, on 
election day, penalty. 84 

N 

NATURALIZATION— 


Certificate of. 96 

Entry on list of voters. 96 


NOMINATIONS— 

To be certified to the Clerk of the 

Peace. 3 

Form and contents of certificate . . 3 

Certificates to be preserved. 4 

Time of filing certificate of. 4 

Publication of, arrangement, form . .. 5 

What shall be excluded from publica¬ 
tion . 5 

New, in case of death, removal or 
resignation. 6 


o 

OATH OF OFFICE— 


Of voters’ assistants. 10 

Of election officers. 13 


Violation of, by election officers ... 13 

Additional, by election officers ... 16 

Of registrars and alternates, form of 19-20 
Time within which to be taken ... 20 

Of officers, in case of military interfer¬ 
ence . 86 

Of clerk, in case of military interfer¬ 
ence . 89 

Of election officers, form ol . . . . 98-100 
Of electors, offering to vote.102 


tion 







































INDEX. 


9 


OATHS— 

Of office of Department of Elections 46 
Of inspectors and poll clerks . . . 50-52 


Of voter removing from district ... 56 

Of voters challenged. 62 

Of inspector and poll clerks .... 148 

Of challenged applicants for registra¬ 
tion .150 

Of persons challenged, form of . . . 155 


OBSTRUCTION AND INTERFER¬ 
ENCE— 

Of voter by person or military power 85 


Civil action for damages. 85 

Disclosures, duty to make. 85 

Limitation of action. 86 


Penalty for, at elections in Wilmington 73 

P 

PARTY, POLITICAL— 

What shall constitute a ...... 2 

PENAL OFFENSES— 

Election officer or other person break¬ 
ing packages containing ballots, &c., 
before opening of election, fine . . 8 

Voters taking stamps from election 
room; arrest, fine and imprison¬ 
ment . II-I2 

False declarations by voters .... 12 

Penalty. 12 

Voters’ assistants deceiving voters, 

penalty. 12 

Removal or attempt to remove from 
election room, or having ballots or 
stamps in possession, penalty ... 12 

Violation of oaths of office by election 

officers. J 3 

Refusal or neglect of Clerk of the 
Peace to perform the duties under 

the law, penalty. r 4 

Election officers or voters’ assistants 
revealing certain facts, penalty . . 15 

Destruction of certificates of nomina¬ 
tions, penalty. *5 

Entering or attempting to enter room 
or railing contrary to law, penalty . 16 

2 


PENAL OFFENSES— Continued. 

Distinguishing marks on ballots, pen¬ 
alty . 16 

Inducing election officers to violate 
provisions of the law. 16 


Tearing down or destroying conveni¬ 
ences at polling place, penalty . . 16 

Refusal to qualify or failure to perform 
the duties of the office of registrar 


or alternate, penalty. 20 

Registration officers making fraudulent 
entries or failing to perform duties, 

penalty. 39 

Disqualified voters causing or attempt¬ 
ing to cause themselves to be regis¬ 
tered, penalty. 40 

Intimidation, threats, &c., penalty . . 40 


Destruction, mutilation, erasure, alter¬ 
ation, See., of registers or voting 

books, penalty. 41 

Mutilation,destruction or pulling down 
of alphabetical lists, penalty ... 41 

Failure to obey presiding officer of 


election, penalty. 80 

Neglect of duty at elections by justices 
of the peace, collectors and consta¬ 
bles, penalty. 80 

Neglect of duty of election officers, 

penalty. 80 

Receiving unlawful votes, fine, penalty 81 

Destruction of certificate of election by 

officers, penalty. 81 

Illegal voting, penalty, fine. 81 

Bribery, penalty. 82 

Accepting bribe misdemeanor, penalty 82 

Betting, penalty. 83 

Breaches of the peace. 83 

Sale of liquor, penalty.83-4 

Calling out of militia, penalty, fine . . 84 

Refusal of inspector to stamp tax re¬ 
ceipts, penalty. 96 

Refusal of judges to serve, penalty . 99 

Failure of inspectors to attend Board 

of Canvass, penalty.114 

Intimidation at elections by persons or 

corporations, penalty.124 

Neglect or refusal of inspectors or poll 
clerks to act, penalty.5 I- 5 2 






































IO 


INDEX. 


PENAL OFFENSES— Continued. 

Election officers electioneering or en- 
g a ging in political discusssions. pen¬ 
alty . 67 

Intoxicating or spirituous liquors in 
place of registration or voting, pen¬ 
alty . 67 

Personation of voters at registration, or 
registering in wrong district, or in 
more than one district, knowingly, 


penalty.67-8 

Intimidation or interference with elec¬ 
tion officers, penalty. 68 

Fraudulent voting and bribery, pen¬ 
alty .68-9 

False entries by poll clerks, penalty . . 69 

Failure of inspector to perform his du¬ 
ties, penalty.70 

False canvass or entries by election 

officers, penalty . 70 

Fraudulent voting, penalty. 70 

Willful neglect of duty by election 

officers, penalty. 71 

Stealing or secreting records, registers, 

etc., penalty. 61 

Abetting offenses named in Section 40, 

penalty. 71 

Perjury. 72 

Tampering with ballots and voters, 

penalty. 72 

Disobeying inspectors, penalty .... 72 


Breach of peace, violence, threats, etc. 72 

Obstruction, bribery, and assault, pen- 

alt y . 73 

Neglect or refusal of inspectors to 

serve, penalty. 73 

.Stealing or destroying ballot boxes, 

Penalty. 73 

Majority decision, failure to obey, 

penalty. 74 

Duty of Attorney-General in respect 

to violations of act.74, 175 

Neglect or refusal of election officers 

to serve, penalty.148 

Poll clerks, inspectors, or challengers 
keeping ballots behind box, etc., 

penalty.167 

Liquors in place of registration, pen¬ 
alty . 167-8 


PENAL OFFENSES— Continued. 

Unlawful registration, penalty .... 168 

Obstruction of registration, etc., pen¬ 


alty .168 

Personation, illegal voting, etc., pen¬ 
alty . . . % .169 

Interference with election officers, pen¬ 
alty .169 

Keeping false poll list, penalty ... 170 

Exclusion of legal or receiving illegal 

vote, penalty.170 

False canvass or return, penalty ... 170 

Destruction of certificate, etc., penalty 170 


Putting ballots in box illegally, penalty 171 


Neglect of duty, penalty.171 

Mutilation, defacement, or destruction 

of records, penalty.172 

False swearing or affirming, perjury . 172 

Inducing false swearing, or affirming 

perjury . . ..172 

Fraudulent altering of ballots, misde¬ 
meanor .172 


Disobeying command of inspector . . 173 

Breach of the peace, etc., penalty . . 173 

Neglect to exercise powers conferred, 


penalty.174 

Stealing, breaking open, and defacing 

ballot box, penalty..174 

Illegal registration, penalty.174 

PERJURY— 

Election officers receiving unlawful 

votes guilty of. 81 

Electors offering to vote, making false 
oath, guilty of.102 


Who guilty of. 72,172 

Subornation of.72, 172 

PERSONATION— 

At registration, penalty.67-168 

Of voters, penalty.68-169 

POLL BOOKS— 

Form of, entries in, etc. 63 

Clerks to keep, form of, entries . . 63-156 

POLL CLERKS— 

(See Clerks of Election.) 













































% 


INDEX. ii 


POLLING PLACE— 

place o f .i, 49 * 93 

Notice of change of. i 

In new election districts. 13 

Change of, in case of military interfer¬ 
ence . 86-87 

At elections for assessors. 90 

In several hundreds or election dis¬ 
tricts . 93 

Change of, notice. 95 

Department of Elections to designate 47 

In city of Wilmington, for city elec¬ 
tion .132 

POLLING PLACE (WILMINGTON 
CITY)— 

Department of Elections to designate 144 

PRESIDING OFFICER OF ELEC¬ 
TION— 

(See Election Officers.} 

PRINTER OF BALLOTS— 

Duty of.6-7 

PROTHONOTARY— 

(Kent County) delivery of certificate 
of result of election filed by the 
Governor in his office 107 

Duty of in case of contested elections, 
other than of members of Legisla¬ 
ture.119 

Duty of, in contested elections of Elec¬ 
tors of President and Vice-Presi¬ 
dent .121, 122,123 

R 

RECEIVER OF TAXES (NEW 
CASTLE COUNTY)— 

Election of, term of office.126 

RECORD OF DEATHS— 

Department of Elections to have made, 
etc.48, 146 

REGISTERS— 

(See Books of Registration.) 


REGISTRARS AND ALTERNATE 
REGISTRARS— 

Appointment of, and term of office . 18-19 


Oaths of office.19, 20, 32 

Registration books .. 24 

Times, places and purposes of sit¬ 
tings .24, 28 

Printing of alphabetical list, posting 

it, &c. 28 

Certificates of registration. 28 

Alphabetical list delivered to Board of 

Registration. 29 

Certificate in case of removal . . . 31-32 

Stamping tax receipt. 32 

Associate registrar. 33 

Registration books, &c.35—36 

When alternate cannot act, vacancies, 

&c. 19 

Inspectors to act as, in city of Wil¬ 
mington . 53 

(See Inspectors.) 


REGISTRATION BOARD— 

(See Board of Registration .) 

REGISTRATION BOOKS— 

(See Books of Registration .) 

REGISTRATION CLERK— 

Board of Registration may employ. . 31 

REGISTRATION OF VOTERS— 

Act providing for the registration of 


voters. 18 

Qualifications of voters at general elec¬ 
tions . 18 

Governor to appoint a registrar for 
each hundred or election district . 18 

Term of office. 18 

Alternate registrars, term of office . . 19 

Powers and duties of alternate regis¬ 
trars . 19 

When alternate registrars cannot act . 19 

Vacancy by removal or disqualification 19 

Governor to fill vacancies. 19 

Oath of registrar and alternate, form, 

&c.19-20 

Time within which oath is to be taken 20 







































12 


INDEX. 


REGISTRATION OF VOTERS— 
Continued. 

Penalty for refusal to qualify or failure 


to perform the duties of office ... 20 

Additional powers of registrars ... 20 

Sheriff and constable, fees of ... . 21 

Books of registration, entries, &c. . . 21 

Nature, form, &c., of registers ... 22 


Voting books of “ qualified ” and 
“ partially qualified voters ” . . 22-23 

Duty of Sheriff to deliver alphabetical 


list and books. 23 

Duty of Governor. 23 

Stamp for use of registrar. 23 

Registrars to mark books. 24 

Sittings of registrars, hour, notice, du¬ 
ties, &c. 24 

Facts to be recorded.24-5 

Conditional qualifications. 25 

Disqualification. 26 

Entries, how made. 27 

Postponement of registration .... 27 

Certificate of registration. 28 


Printed copies of registration, how, 
where and when to be posted ... 28 

Board of Registration, associates, offi¬ 


cers, &c. 28 

Hours of sitting, time, place, duty, &c 29 

Appeals from registrar.29 

Illegal registration. 30 

Board of Registration, powers, duties, 

&c. 30 

Names stricken from list; clerk . . 31 

Removal of qualified voters .... 31 


Name to be stricken from register and 


voting book. 32 

Stamping of tax receipt. 32 

Quorum, oath, and proceedings of 
Board of Registration. 32 

Notice, what sufficient. 33 

Selection of associate officers of regis¬ 
tration, notice. 33 

Vacancies in the office of the associate 

registrar. 33 

Oath, powers and duties of associate 

registrar. 33 

Board of Registration to compare reg¬ 
isters, &c. 34 


REGISTRATION OF VOTERS— 
Continued. 

Shall enter names improperly omitted 
and make other corrections .... 34 

Certificates of Board of Registration 34-35 

Registrar to deliver one register, &c., 

to Sheriff. 35 

Loss of registers or voting books by 

Sheriff. 3 ^ 

Sheriff to deliver to Clerk of the 

Peace. 36 

Sheriff to deliver registers, &c., to in¬ 
spectors . /. 36 

Duty of inspectors. 36 

Who may and who may not vote . . 36 

Challenges, how determined .... 37 

Duty of judges of election. 37 

What inspector shall deliver to Clerk 

of the Peace . 37 

Compensation of officers and expenses 

how paid.. . 38 

Registration officers making fraudulent 
entries or failing to perform duties 

under this act, penalty. 39 

Disqualified voters causing or attempt¬ 
ing to cause themselves to be regis¬ 
tered; intimidation, threats, &c.; as¬ 
saults, riots, &c.; penalty. 40 

Destruction, mutilation, erasure or 
alteration of registers or voting 

books, penalty. 41 

Mutilation, destruction or pulling down 
of alphabetical list of qualified vo¬ 
ters, penalty. 41 

Special elections. 41 

Duty of Board of Registration, pow¬ 
ers, vacancies . . . . 42 

Board of Registration to procure regis¬ 
ters, &c.• * * . . 42 

Duty of Clerks of the Peace .... 42 

Delivery of books, &c. 42 

REGISTRATION OF VOTERS 
(WILMINGTON HD.)— 

Act to provide for the registration of 
voters in the city of Wilmington . 45 

General registration of qualified voters 
in the city of Wilmington .... 45 















































INDEX. 


!3 


REGISTRATION OF VOTERS 

(WILMINGTON HD.)-Continued. 


Governor to appoint three persons to 
constitute a Department of Elections 45 

Term of office, now determined . . 45 

Qualifications. 46 

Members cannot be candidates for 

office . 46 

Vacancies, how filled. 46 

Oath of office, organization, compensa¬ 
tion, etc. 46 

Duties of Department of Elections . 46 

Election districts, division of . 46, 47, 129 
Place of registry, notice, furnishing of 

rooms, etc. 47 

Intoxicating liquors prohibited in elec¬ 
tion room. 47 

Books for registration, contents, form 
of, etc. 47 

l 

Form of register. 48 

Necessary conveniences and supplies 48 

Power to dismiss election officers . . 48 

Employment of clerks and assistants . 48 

Copies of names and residences, etc., 

of male persons dying. 48 

List delivered to inspector, striking off 
names, etc. 48 

Election machinery,. 49 

Department of Elections to appoint in¬ 
spectors and poll clerks, and fill va¬ 
cancies . 50 

Qualifications of inspectors, examina¬ 
tions, etc. 50 

Oath of office. 50 

Penalty for neglect or refusal to com¬ 
ply with requirements . 51 

What shall constitute refusal under 
this act. 51 

Certificate of appointment, term of 

office, removal, vacancies, etc. . . 51 

Poll clerks, qualifications, term of 

office, etc. 52 

Penalty for refusal or neglect to com¬ 
ply . 5 2 

Vacancies, compensation, oath, exemp¬ 
tion from certain duties, etc. ... 52 

Inspectors to meet and organize ... 53 


REGISTRATION OF VOTERS 

(WILMINGTON HD.)-Continued. 


Applications for registration, session, 

examination. 53 

Entries, residence, name, sworn, nativ¬ 
ity, color, term of residence, natural¬ 
ization, qualified or disqualified, and 

date of application.54—5 

Inspectors to meet in their districts, 
applications. 55 

Removal of voters from districts in 

which registered. 56 

Oath of voter removing. 56 

Duty of inspectors in case of removal 57 

Certificate of removal. 58 

Stamping tax receipts,. 58 

Certificate of inspectors, form of, etc. . 59 

Duties of inspectors in making entries 58-9 

Comparing of registers, certification, 

and custody of copy . 59 

Department of Elections to compare 

registers. 59 

Delivery of register to inspector, com¬ 
paring, etc. 60 

Inspectors to have registers at polling 

place. 60 

Chairman to announce name of person 
offering to vote. 61 

Register to be delivered to Department 

of Elections. 61 

Challenges, oath of voter challenged, 
witness, etc. 62 

Removal or vacancies of challengers . 63 

Duty of poll clerks. 63 

Poll books, form of. 63 

Entries in poll books. 63 

Entries by inspectors. 63 

Announcement by chairman .... 63 

Duty of officers after closing of elec¬ 
tion . 64 

Absence of officers, how vacancies 
may be filled. 64 


Placing of ballot box, no screens, etc. 64 
Office for Department of Elections . . 65 

Registering more than once or in more 


than one district. 65 

Majority of inspectors must concur in 
all actions. 65 















































i 4 


INDEX. 


REGISTRATION OF VOTERS 

(WILMINGTON HD.)-Continued. 

Inspector required to serve but one 


term*. 65 

Election officers, attendance of . . . 65 

Duty of election officers to make can¬ 
vass of district. 65 


Powers and duties of inspectors of 


election while holding elections . . 66 

Compensation of members of Depart¬ 
ment of Elections. 66 

Compensation of other election officers 
and other expenses, how paid . . 66 

Duty of City Surveyor. 66 

Change of number or name of streets 67 
Electioneering or engaging in political 

discussion, penalty. 67 

Intoxicating and spirituous liquors, 

penalty. 67 

Personation or registration in wrong 
district, or in more than one district 67 

Intimidation or interference with elec¬ 
tion officers, etc. 68 

Personation of voters, fraudulent vot¬ 


ing, bribery, etc.68-9 

Poll clerks making false entries ... 69 

Failure of inspector to perform his 

duty. 70 

Election officers making false canvass 

or entries. 70 

Fraudulent voting by inspectors ... 70 

Willful neglect of duty by election 

officers. 71 

Stealing or secreting records, registers, 

etc. 71 

Abetting offenses named in Section 40 71 

Perjury, subornation of perjury, etc. . 72 

Tampering with ballots and voters . . 72 

Disobeying inspectors, breach of the 


peace, etc. . . 72 

Obstruction, bribery and assault ... 73 

Neglect or refusal to serve. 73 

Stealing or destroying ballot box, etc. 73 

Majority decision . 73 

Irregularities and defects. 74 

Prosecution, evidence. 74 

Duty of Attorney-General. 74 

Inconsistent acts repealed .... 74 


REGISTRATION AND ELECTION, 
WILMINGTON CITY (MUNI¬ 
CIPAL.)— 


An act to amend an act entitled, “An 
act to revise and consolidate the 
statutes relative to the city of Wil¬ 
mington,” .•.142 

Chapter 207, Volume 17, amended . 142 

Elections by ballot.' . . . 142 

Qualified voters ..143 

Election and canvass of votes, how 

conducted. 143 

Failure to hold an election shall not 

dissolve corporation.143 

Voters shall annually choose a member 

of Council.143 

Members of the Election Department 143 
Terms of office, how determined . . 143-4 

Who are eligible.144 

Vacancies, how filled.144 

Members of board shall not all be of 

same party.144 

Must make oath or affirmation . . . 144 

Compensation.144 

Duties of members of the department, 
proviso.144 


Shall designate and appoint a place of 

registry. 

Shall advertise the number and boun¬ 
daries of districts, and designate 
time and place of registration . . . 

Shall cause to be prepared books of 

registration. 

How arranged. 


145 

145 

J 45 

146 


Shall furnish registers, books, etc., to 

the inspectors. 

May dismiss election officers .... 

May have copies of names, residences 
and causes of death ....... 

Shall deliver to inspector names of 

those who have died. 

Duty of inspectors. 

Shall furnish inspectors with election 

machinery. 

Shall select inspectors. 

Inspectors shall be of different politi¬ 
cal party. 

Qualification. 


146 

146 

147 

147 

147 

147 

148 

148 

148 














































INDEX. 


*5 


REGISTRATION AND ELECTION, 
WILMINGTON CITY (MUNICI¬ 
PAL) —Continued. 

Persons chosen shall present them¬ 


selves for examination.148 

Shall make oath, form.148 


Penalty for neglect to comply .... 148 

What shall be deemed a refusal . . . 149 

Certificate of appointment to be given 

by department, term.149 

What shall be deemed a vacancy . . 149 

Board shall appoint poll clerks, term . 149 

Inspector and poll clerk, vacancies, 


how filled.150 

Compensation, how paid.150 

Inspectors and clerks exempt from mil¬ 
itary or jury duty .150 

Time of registration of qualified vo¬ 
ters .15° 

Time of the meeting of inspectors . . 150 

Mode of organization.150 

Shall receive applications for registra¬ 
tion .150 

Who are qualified.151 

Time of sessions.15 1 

Shall administer oath to applicant . . 151 

Form of oath.15 1 

Shall examine applicant.151 

Shall make entries of statements, form 151 
Who shall be designated as qualified 
voters .15 2 

Shall stamp tax receipts.152 

Inspector shall sign certificate, form . 152 

Shall keep a daily record of names, 

etc. 153 

Books to be compared.153 

Shall certify to copy .1 53 

Shall remain to be inspected by any 

elector.153 

Shall deliver to department one of the 


registers. 1 53 

Inspectors shall return the other regis¬ 
ters . r 53 

Shall compare registers.153 

When name may be stricken from reg¬ 
ister . . . 154 

Inspector to be present at polling place 154 


REGISTRATION AND ELECTION, 
WILMINGTON CITY (MUNICI¬ 
PAL)— Continued. 

Shall note the residence of each per¬ 
son .154 

Inspector to have registers present . . 154 

Shall announce the name of voter . . 154 

Inspector shall write the name in reg¬ 
ister .454 

Inspectors shall certify that registers 

are correctly checked.155 

Register shall be left with the depart¬ 
ment .155 

Inspectors shall turn over registers to 

successor.155 

When person offering to vote may be 

challenged.155 

Board may administer oath to person 
challenged; form ........ 155 

Who may contest person’s right to reg¬ 
ister . 155 

Inspector may hear contest.156 

Each party may keep a challenger . , 156 

Challenger shall be protected . ... 156 


May be removed.156 

Clerks shall keep a poll list ... 156 

Form of poll*books.156 

Clerks shall keep the residence of each 

elector.156 

Duty of the inspectors.156 

Result, how announced.157 

Votes shall be canvassed upon closing 
of polls.157 


Canvass shall not be adjourned ... 157 

Persons to witness canvass.157 

How canvass shall be commenced . . 157 

Inspector shall publicly announce the 


ballots.157 

Box shall be opened and the ballots 

counted.157 

•How the board shall proceed to can¬ 
vass .157 

Inspector to pass the ballots .... 158 

Clerks shall tally the votes.158 

One inspector to watch proceedings of 

the others.158 

Duty of poll clerks upon completion 
of canvass.158 

















































INDEX. 


16 

REGISTRATION AND ELECTION, 
WILMINGTON CITY (MUNICI¬ 
PAL)—Continued. 

Clerks shall announce.158 

Scratched ballots, how canvassed . . 158 

Total number, how ascertained ... 158 

Proceedings when votes shall exceed 
the number of poll lists . . . . 158 

Canvass of ballots, how ascertained . 159 

Ballot to be pasted to statement, when 159 
Defective ballots to be likewise pasted 159 
Chairman shall announce number of 

votes.159 

Inspectors shall make triplicate state¬ 
ment .159 

Certificates to be subscribed by inspec¬ 
tor . 160 

Inspector declining to sign must state 
reason. 160 

Statement, how sealed.160 

To whom directed.160 

Time in which statement must be made 160 
Poll clerk shall deliver tally to whom 160 
Statements and tallies to be kept . . 161 

Poll lists to be certified, filed .... 161 

Ballots to be destroyed.161 

To whom papers are to be delivered 
in the absence of officers .... 161 

Shall give a receipt.161 

Time of declaring and certifying re¬ 
sult .161 

Envelopes, when to be opened . . . 161 

Certificates to be made.161 

Certificates, to whom delivered ... 162 

Duty of Clerk of Council.162 

Council shall examine certificates . . 162 

When Council shall elect.162 

In contest petition shall be presented . 162 

What petition shall set forth .... 162 

Copy to be delivered to party whose 
election is contested.162 

Council shall give notice.163 

Evidence shall be confined to specifi¬ 
cations .164 

Council may issue subpoenas .... 164 

If inspector is absent at election, place 

how filled.164 

Ballot-box, how placed.164 


REGISTRATION AND ELECTION, 
WILMINGTON CITY (MUNICI¬ 
PAL) —Continued. 

No obstruction allowed.165 

Department shall rent room for their 

use.165 

All data, etc., open to inspection . . 165 

Person shall register in but one district 165 
Assent of a majority in certain cases 


necessary.165 

Shall not be required to serve the suc¬ 
ceeding year.165 

Inspector and clerks to be in constant 
attendance.165 


Inspectors and clerks to make a 
thorough canvass of district ... 166 

Inspectors shall have power to preserve 

order.166 

May appoint a deputy.166 

Cost and expenses a city charge, how 

paid.167 

City Council shall levy the necessary 

amount.167 

Unlawful for agents of city to number 

streets.167 

Unlawful for inspector, clerk or chal¬ 
lenger to distribute tickets .... 167 

Shall not send or bring liquor into 

place of registration.167 

Unlawful to falsify, personate, or at¬ 
tempt to secure an unlawful registra¬ 
tion .168 

Unlawful to hinder person from regis¬ 
tration, or to induce officer to regis¬ 
ter persons not entitled.168 

Unlawful to personate an elector . . 169 

Unlawful to attempt to vote unless le¬ 
gally qualified.169 

Unlawful to interfere with inspector or 

clerk, penalty.169 

Unlawful to keep a false poll list, mis¬ 
demeanor .170 

Unlawful for inspector to refuse vote 

duly tendered . . . .‘.170 

Unlawful to receive challenged vote, 

misdemeanor.170 

Persons making false canvass, or sign¬ 
ing false return, etc., guilty of a 
misdemeanor.170 










































INDEX. 


!7 


REGISTRATION AND ELECTION, 
WILMINGTON CITY (MUNICI¬ 
PAL) —Continued. 

Persons placing any ballot in box, un¬ 
less offered by an elector, guilty of 


a misdemeanor.171 

Neglect of duty, penalty.171 

Persons defacing or destroying records 

guilty of a misdemeanor.172 

Persons swearing or affirming falsely 

guilty of perjury.172 

Persons inducing others to swear false¬ 
ly subject to same penalty .... 172 

Unlawful to alter ballot of an elector, 
misdemeanor.172 


Person disobeying inspector’s com¬ 
mand guilty of a misdemeanor . . 173 

Breach of the peace, penalty .... 173 

Persons hindering, obstructing or as¬ 
saulting inspectors guilty of a mis¬ 


demeanor .173 

Penalty for neglect to exercise the 

powers conferred.174 

Unlawful to steal or break open ballot 

box . 174 

Unlawful to deface ballots.174 

Unlawful to admit persons to place of 
registration, except upon consent of 
inspectors. 174 


REPRESENTATIVE IN GENERAL 
ASSEMBLY— 

Election of. 77 

Certificates of result of election of . . 105 

REPRESENTATIVE IN CON¬ 
GRESS— 

Election of. 77,113,114,115 

Certificate of result of election of . . 105 

RESIDENCE— 

Constitutional provision as to ... 76 

Rule as to. 79 

ROAD COMMISSIONERS (NEW 
CASTLE COUNTY)— 

Election of. I2 & 

Time and place of election.128 

Certificates.128-129 

3 


S • 

SENATORS, STATE— 

Election of. 75 

Certificates of result of election of . . 105 

SHERIFF— 

Election of. 77 

Ballot boxes, tally lists, &c., to make 16, 96 
Alphabetical list for registrars, time of 

delivery. 23,96 

Delivery of registers and voting books 36 
Delivery of ballot boxes, time of . . 95-96 
Presiding officer of Board of Can¬ 
vass . 103-104 

Certificates of Board of Canvass . . 107 

Preserving ballot boxes, ballots, &c. . 108 

Proclamation.109 

Notice of writ of election.109 

Proclamation for special election to fill 
vacancies in office of Representative 

in Congress.114 

Fees of, for serving process under reg¬ 
istration act. 21 

Certificates of result of election of . . 105 

SPECIAL ELECTIONS— 

Duties of officers at. 41 

Laws to apply to. 42 

To fill vacancies in General Assem¬ 
bly . 108-110 

To fill vacancy in office of Represen¬ 
tative in Congress. 114—115 

Special constables. 138 

(See Constables.') 


STAMP— 

Clerk of the Peace to provide, for 

marking ballots. 7 

Delivery of to voter . 9 

Return to clerk. 11 

Not to be taken from the room ... 11 

Removal or attempt to remove from 
room, or having in possession ... 12 

For use of registrars. 23 

For stamping tax receipts. 96 

Department of Elections to furnish 
registry stamps. 50 







































i8 


INDEX. 


STAMP —Continued. 

Department of Elections of Wilming¬ 
ton city to furnish inspectors with . 147 

T 

TAX RECEIPT— 

Stamping of.. 96-152 

V 

VOTERS— 

Duty of.10-12 

Qualifications of . . 18, 36, 61, 79, 89, 142 


VOTERS’ ASSISTANTS— 

Selection of, duty, oath. 10 

Preparation of ballots. 12 

Penalty for revealing certain knowl¬ 
edge . 15 

VOTES— 

Illegal entries of. 61 

Penalty for receiving unlawful ... 81 


VOTING— 

Mode of. . ..10-12 

Time allowed for. 12 

Illegal, penalty. 81 

Illegal, contested elections on account 
of.118 

VOTING BOOKS— 

Governor to have prepared. 22 


What names to be entered .... 22-23 


VOTING BOOKS —Continued. 

What names to be stricken from ... 32 

Delivery to Sheriff. 35 

Delivery to Clerk of the Peace ... 36 

Delivery to Board of Registration by 
Clerk of the Peace. 42 


w 

WARDS— 

City of Wilmington divided into twelve 131 


Boundaries.131 

WILMINGTON CITY— 

Officers of... ..139 

Eligibility, residence, etc.139-40 

Election of Mayor of.140 

Vacancies in office of Mayor .... 140 

Council of.140 

Election of Council, terms of office, 
etc.140 


Election of City Treasurer of, term . 141 

(See Registration of Voters.) 

WILMINGTON HUNDRED— 

Elections in, duty of Mayor, etc. . . 80 


Election districts in.131 

Election of assessors in.135 


Special constables at general elections 138 
(See Registration of Voters.) 

WRITS OF ELECTION— 

To fill vacancies in General Assembly 109 

Notice.109-110 

To fill vacancy in office of Represen¬ 
tative in Congress. 114-115 





















































































